Text: H.R.1 — 110th Congress (2007-2008)All Information (Except Text)

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Public Law No: 110-53 (08/03/2007)

 
[110th Congress Public Law 53]
[From the U.S. Government Printing Office]



[[Page 265]]

     IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007

[[Page 121 STAT. 266]]

Public Law 110-53
110th Congress

                                 An Act


 
To provide for the implementation of the recommendations of the National 
Commission on Terrorist Attacks Upon the United States. <<NOTE: Aug. 3, 
                           2007 -  [H.R. 1]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Implementing 
Recommenda- tions of the 9/11 Commission Act of 2007.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 6 USC 101 note.>> Act may be cited as 
the ``Implementing Recommendations of the 9/11 Commission Act of 2007''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                    TITLE I--HOMELAND SECURITY GRANTS

Sec. 101. Homeland Security Grant Program.
Sec. 102. Other amendments to the Homeland Security Act of 2002.
Sec. 103. Amendments to the Post-Katrina Emergency Management Reform Act 
           of 2006.
Sec. 104. Technical and conforming amendments.

            TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Sec. 201. Emergency management performance grant program.
Sec. 202. Grants for construction of emergency operations centers.

TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

Sec. 301. Interoperable emergency communications grant program.
Sec. 302. Border interoperability demonstration project.

       TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

Sec. 401. Definitions.
Sec. 402. National exercise program design.
Sec. 403. National exercise program model exercises.
Sec. 404. Preidentifying and evaluating multijurisdictional facilities 
           to strengthen incident command; private sector preparedness.
Sec. 405. Federal response capability inventory.
Sec. 406. Reporting requirements.
Sec. 407. Federal preparedness.
Sec. 408. Credentialing and typing.
Sec. 409. Model standards and guidelines for critical infrastructure 
           workers.
Sec. 410. Authorization of appropriations.

   TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE 
    FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

      Subtitle A--Homeland Security Information Sharing Enhancement

Sec. 501. Homeland Security Advisory System and information sharing.
Sec. 502. Intelligence Component Defined.
Sec. 503. Role of intelligence components, training, and information 
           sharing.
Sec. 504. Information sharing.

[[Page 121 STAT. 267]]

     Subtitle B--Homeland Security Information Sharing Partnerships

Sec. 511. Department of Homeland Security State, Local, and Regional 
           Fusion Center Initiative.
Sec. 512. Homeland Security Information Sharing Fellows Program.
Sec. 513. Rural Policing Institute.

    Subtitle C--Interagency Threat Assessment and Coordination Group

Sec. 521. Interagency Threat Assessment and Coordination Group.

    Subtitle D--Homeland Security Intelligence Offices Reorganization

Sec. 531. Office of Intelligence and Analysis and Office of 
           Infrastructure Protection.

               Subtitle E--Authorization of Appropriations

Sec. 541. Authorization of appropriations.

            TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 601. Availability to public of certain intelligence funding 
           information.
Sec. 602. Public Interest Declassification Board.
Sec. 603. Sense of the Senate regarding a report on the 9/11 Commission 
           recommendations with respect to intelligence reform and 
           congressional intelligence oversight reform.
Sec. 604. Availability of funds for the Public Interest Declassification 
           Board.
Sec. 605. Availability of the Executive Summary of the Report on Central 
           Intelligence Agency Accountability Regarding the Terrorist 
           Attacks of September 11, 2001.

      TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

                      Subtitle A--Terrorist Travel

Sec. 701. Report on international collaboration to increase border 
           security, enhance global document security, and exchange 
           terrorist information.

                         Subtitle B--Visa Waiver

Sec. 711. Modernization of the visa waiver program.

         Subtitle C--Strengthening Terrorism Prevention Programs

Sec. 721. Strengthening the capabilities of the Human Smuggling and 
           Trafficking Center.
Sec. 722. Enhancements to the terrorist travel program.
Sec. 723. Enhanced driver's license.
Sec. 724. Western Hemisphere Travel Initiative.
Sec. 725. Model ports-of-entry.

                  Subtitle D--Miscellaneous Provisions

Sec. 731. Report regarding border security.

                 TITLE VIII--PRIVACY AND CIVIL LIBERTIES

Sec. 801. Modification of authorities relating to Privacy and Civil 
           Liberties Oversight Board.
Sec. 802. Department Privacy Officer.
Sec. 803. Privacy and civil liberties officers.
Sec. 804. Federal Agency Data Mining Reporting Act of 2007.

                  TITLE IX--PRIVATE SECTOR PREPAREDNESS

Sec. 901. Private sector preparedness.
Sec. 902. Responsibilities of the private sector Office of the 
           Department.

           TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

Sec. 1001. National Asset Database.
Sec. 1002. Risk assessments and report.
Sec. 1003. Sense of Congress regarding the inclusion of levees in the 
           National Infrastructure Protection Plan.

     TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 1101. National Biosurveillance Integration Center.
Sec. 1102. Biosurveillance efforts.
Sec. 1103. Interagency coordination to enhance defenses against nuclear 
           and radiological weapons of mass destruction.

[[Page 121 STAT. 268]]

Sec. 1104. Integration of detection equipment and technologies.

   TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

Sec. 1201. Definitions.
Sec. 1202. Transportation security strategic planning.
Sec. 1203. Transportation security information sharing.
Sec. 1204. National domestic preparedness consortium.
Sec. 1205. National transportation security center of excellence.
Sec. 1206. Immunity for reports of suspected terrorist activity or 
           suspicious behavior and response.

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

Sec. 1301. Definitions.
Sec. 1302. Enforcement authority.
Sec. 1303. Authorization of visible intermodal prevention and response 
           teams.
Sec. 1304. Surface transportation security inspectors.
Sec. 1305. Surface transportation security technology information 
           sharing.
Sec. 1306. TSA personnel limitations.
Sec. 1307. National explosives detection canine team training program.
Sec. 1308. Maritime and surface transportation security user fee study.
Sec. 1309. Prohibition of issuance of transportation security cards to 
           convicted felons.
Sec. 1310. Roles of the Department of Homeland Security and the 
           Department of Transportation.

                TITLE XIV--PUBLIC TRANSPORTATION SECURITY

Sec. 1401. Short title.
Sec. 1402. Definitions.
Sec. 1403. Findings.
Sec. 1404. National Strategy for Public Transportation Security.
Sec. 1405. Security assessments and plans.
Sec. 1406. Public transportation security assistance.
Sec. 1407. Security exercises.
Sec. 1408. Public transportation security training program.
Sec. 1409. Public transportation research and development.
Sec. 1410. Information sharing.
Sec. 1411. Threat assessments.
Sec. 1412. Reporting requirements.
Sec. 1413. Public transportation employee protections.
Sec. 1414. Security background checks of covered individuals for public 
           transportation.
Sec. 1415. Limitation on fines and civil penalties.

                TITLE XV--SURFACE TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

Sec. 1501. Definitions.
Sec. 1502. Oversight and grant procedures.
Sec. 1503. Authorization of appropriations.
Sec. 1504. Public awareness.

                      Subtitle B--Railroad Security

Sec. 1511. Railroad transportation security risk assessment and national 
           strategy.
Sec. 1512. Railroad carrier assessments and plans.
Sec. 1513. Railroad security assistance.
Sec. 1514. Systemwide Amtrak security upgrades.
Sec. 1515. Fire and life safety improvements.
Sec. 1516. Railroad carrier exercises.
Sec. 1517. Railroad security training program.
Sec. 1518. Railroad security research and development.
Sec. 1519. Railroad tank car security testing.
Sec. 1520. Railroad threat assessments.
Sec. 1521. Railroad employee protections.
Sec. 1522. Security background checks of covered individuals.
Sec. 1523. Northern border railroad passenger report.
Sec. 1524. International Railroad Security Program.
Sec. 1525. Transmission line report.
Sec. 1526. Railroad security enhancements.
Sec. 1527. Applicability of District of Columbia law to certain Amtrak 
           contracts.

[[Page 121 STAT. 269]]

Sec. 1528. Railroad preemption clarification.

           Subtitle C--Over-the-Road Bus and Trucking Security

Sec. 1531. Over-the-road bus security assessments and plans.
Sec. 1532. Over-the-road bus security assistance.
Sec. 1533. Over-the-road bus exercises.
Sec. 1534. Over-the-road bus security training program.
Sec. 1535. Over-the-road bus security research and development.
Sec. 1536. Motor carrier employee protections.
Sec. 1537. Unified carrier registration system agreement.
Sec. 1538. School bus transportation security.
Sec. 1539. Technical amendment.
Sec. 1540. Truck security assessment.
Sec. 1541. Memorandum of understanding annex.
Sec. 1542. DHS Inspector General report on trucking security grant 
           program.

          Subtitle D--Hazardous Material and Pipeline Security

Sec. 1551. Railroad routing of security-sensitive materials.
Sec. 1552. Railroad security-sensitive material tracking.
Sec. 1553. Hazardous materials highway routing.
Sec. 1554. Motor carrier security-sensitive material tracking.
Sec. 1555. Hazardous materials security inspections and study.
Sec. 1556. Technical corrections.
Sec. 1557. Pipeline security inspections and enforcement.
Sec. 1558. Pipeline security and incident recovery plan.

                           TITLE XVI--AVIATION

Sec. 1601. Airport checkpoint screening fund.
Sec. 1602. Screening of cargo carried aboard passenger aircraft.
Sec. 1603. In-line baggage screening.
Sec. 1604. In-line baggage system deployment.
Sec. 1605. Strategic plan to test and implement advanced passenger 
           prescreening system.
Sec. 1606. Appeal and redress process for passengers wrongly delayed or 
           prohibited from boarding a flight.
Sec. 1607. Strengthening explosives detection at passenger screening 
           checkpoints.
Sec. 1608. Research and development of aviation transportation security 
           technology.
Sec. 1609. Blast-resistant cargo containers.
Sec. 1610. Protection of passenger planes from explosives.
Sec. 1611. Specialized training.
Sec. 1612. Certain TSA personnel limitations not to apply.
Sec. 1613. Pilot project to test different technologies at airport exit 
           lanes.
Sec. 1614. Security credentials for airline crews.
Sec. 1615. Law enforcement officer biometric credential.
Sec. 1616. Repair station security.
Sec. 1617. General aviation security.
Sec. 1618. Extension of authorization of aviation security funding.

                       TITLE XVII--MARITIME CARGO

Sec. 1701. Container scanning and seals.

 TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
                                TERRORISM

Sec. 1801. Findings.
Sec. 1802. Definitions.

  Subtitle A--Repeal and Modification of Limitations on Assistance for 
              Prevention of WMD Proliferation and Terrorism

Sec. 1811. Repeal and modification of limitations on assistance for 
           prevention of weapons of mass destruction proliferation and 
           terrorism.

              Subtitle B--Proliferation Security Initiative

Sec. 1821. Proliferation Security Initiative improvements and 
           authorities.
Sec. 1822. Authority to provide assistance to cooperative countries.

Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass 
                 Destruction Proliferation and Terrorism

Sec. 1831. Statement of policy.

[[Page 121 STAT. 270]]

Sec. 1832. Authorization of appropriations for the Department of Defense 
           Cooperative Threat Reduction Program.
Sec. 1833. Authorization of appropriations for the Department of Energy 
           programs to prevent weapons of mass destruction proliferation 
           and terrorism.

 Subtitle D--Office of the United States Coordinator for the Prevention 
       of Weapons of Mass Destruction Proliferation and Terrorism

Sec. 1841. Office of the United States Coordinator for the Prevention of 
           Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1842. Sense of Congress on United States-Russia cooperation and 
           coordination on the prevention of weapons of mass destruction 
           proliferation and terrorism.

Subtitle E--Commission on the Prevention of Weapons of Mass Destruction 
                       Proliferation and Terrorism

Sec. 1851. Establishment of Commission on the Prevention of Weapons of 
           Mass Destruction Proliferation and Terrorism.
Sec. 1852. Purposes of Commission.
Sec. 1853. Composition of Commission.
Sec. 1854. Responsibilities of Commission.
Sec. 1855. Powers of Commission.
Sec. 1856. Nonapplicability of Federal Advisory Committee Act.
Sec. 1857. Report.
Sec. 1858. Termination.
Sec. 1859. Funding.

   TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Sec. 1901. Promoting antiterrorism capabilities through international 
           cooperation.
Sec. 1902. Transparency of funds.

         TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

Sec. 2001. Short title.
Sec. 2002. Definition.

 Subtitle A--Quality Educational Opportunities in Predominantly Muslim 
                               Countries.

Sec. 2011. Findings; Policy.
Sec. 2012. International Muslim Youth Opportunity Fund.
Sec. 2013. Annual report to Congress.
Sec. 2014. Extension of program to provide grants to American-sponsored 
           schools in predominantly Muslim Countries to provide 
           scholarships.

 Subtitle B--Democracy and Development in the Broader Middle East Region

Sec. 2021. Middle East Foundation.

         Subtitle C--Reaffirming United States Moral Leadership

Sec. 2031. Advancing United States interests through public diplomacy.
Sec. 2032. Oversight of international broadcasting.
Sec. 2033. Expansion of United States scholarship, exchange, and library 
           programs in predominantly Muslim countries.
Sec. 2034. United States policy toward detainees.

      Subtitle D--Strategy for the United States Relationship With 
                 Afghanistan, Pakistan, and Saudi Arabia

Sec. 2041. Afghanistan.
Sec. 2042. Pakistan.
Sec. 2043. Saudi Arabia.

                 TITLE XXI--ADVANCING DEMOCRATIC VALUES

Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Statement of policy.
Sec. 2104. Definitions.

      Subtitle A--Activities to Enhance the Promotion of Democracy

Sec. 2111. Democracy Promotion at the Department of State.
Sec. 2112. Democracy Fellowship Program.
Sec. 2113. Investigations of violations of international humanitarian 
           law.

[[Page 121 STAT. 271]]

Subtitle B--Strategies and Reports on Human Rights and the Promotion of 
                                Democracy

Sec. 2121. Strategies, priorities, and annual report.
Sec. 2122. Translation of human rights reports.

 Subtitle C--Advisory Committee on Democracy Promotion and the Internet 
                   Website of the Department of State

Sec. 2131. Advisory Committee on Democracy Promotion.
Sec. 2132. Sense of Congress regarding the Internet website of the 
           Department of State.

     Subtitle D--Training in Democracy and Human Rights; Incentives

Sec. 2141. Training in democracy promotion and the protection of human 
           rights.
Sec. 2142. Sense of Congress regarding ADVANCE Democracy Award.
Sec. 2143. Personnel policies at the Department of State.

            Subtitle E--Cooperation With Democratic Countries

Sec. 2151. Cooperation with democratic countries.

             Subtitle F--Funding for Promotion of Democracy

Sec. 2161. The United Nations Democracy Fund.
Sec. 2162. United States democracy assistance programs.

           TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

Sec. 2201. Interoperable emergency communications.
Sec. 2202. Clarification of congressional intent.
Sec. 2203. Cross border interoperability reports.
Sec. 2204. Extension of short quorum.
Sec. 2205. Requiring reports to be submitted to certain committees.

           TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

Sec. 2301. Short title.
Sec. 2302. Funding for program.
Sec. 2303. NTIA coordination of E-911 implementation.

                  TITLE XXIV--MISCELLANEOUS PROVISIONS

Sec. 2401. Quadrennial homeland security review.
Sec. 2402. Sense of the Congress regarding the prevention of 
           radicalization leading to ideologically-based violence.
Sec. 2403. Requiring reports to be submitted to certain committees.
Sec. 2404. Demonstration project.
Sec. 2405. Under Secretary for Management of Department of Homeland 
           Security.

                    TITLE I--HOMELAND SECURITY GRANTS

SEC. 101. HOMELAND SECURITY GRANT PROGRAM.

    The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended 
by adding at the end the following:

                  ``TITLE XX--HOMELAND SECURITY GRANTS

``SEC. 2001. <<NOTE: 6 USC 601.>> DEFINITIONS.

    ``In this title, the following definitions shall apply:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.
            ``(2) Appropriate committees of congress.--The term 
        `appropriate committees of Congress' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and

[[Page 121 STAT. 272]]

                    ``(B) those committees of the House of 
                Representatives that the Speaker of the House of 
                Representatives determines appropriate.
            ``(3) Critical infrastructure sectors.--The term `critical 
        infrastructure sectors' means the following sectors, in both 
        urban and rural areas:
                    ``(A) Agriculture and food.
                    ``(B) Banking and finance.
                    ``(C) Chemical industries.
                    ``(D) Commercial facilities.
                    ``(E) Commercial nuclear reactors, materials, and 
                waste.
                    ``(F) Dams.
                    ``(G) The defense industrial base.
                    ``(H) Emergency services.
                    ``(I) Energy.
                    ``(J) Government facilities.
                    ``(K) Information technology.
                    ``(L) National monuments and icons.
                    ``(M) Postal and shipping.
                    ``(N) Public health and health care.
                    ``(O) Telecommunications.
                    ``(P) Transportation systems.
                    ``(Q) Water.
            ``(4) Directly eligible tribe.--The term `directly eligible 
        tribe' means--
                    ``(A) any Indian tribe--
                          ``(i) that is located in the continental 
                      United States;
                          ``(ii) that operates a law enforcement or 
                      emergency response agency with the capacity to 
                      respond to calls for law enforcement or emergency 
                      services;
                          ``(iii)(I) that is located on or near an 
                      international border or a coastline bordering an 
                      ocean (including the Gulf of Mexico) or 
                      international waters;
                          ``(II) that is located within 10 miles of a 
                      system or asset included on the prioritized 
                      critical infrastructure list established under 
                      section 210E(a)(2) or has such a system or asset 
                      within its territory;
                          ``(III) that is located within or contiguous 
                      to 1 of the 50 most populous metropolitan 
                      statistical areas in the United States; or
                          ``(IV) the jurisdiction of which includes not 
                      less than 1,000 square miles of Indian country, as 
                      that term is defined in section 1151 of title 18, 
                      United States Code; and
                          ``(iv) that certifies to the Secretary that a 
                      State has not provided funds under section 2003 or 
                      2004 to the Indian tribe or consortium of Indian 
                      tribes for the purpose for which direct funding is 
                      sought; and
                    ``(B) a consortium of Indian tribes, if each tribe 
                satisfies the requirements of subparagraph (A).
            ``(5) Eligible metropolitan area.--The term `eligible 
        metropolitan area' means any of the 100 most populous 
        metropolitan statistical areas in the United States.
            ``(6) High-risk urban area.--The term `high-risk urban area' 
        means a high-risk urban area designated under section 
        2003(b)(3)(A).

[[Page 121 STAT. 273]]

            ``(7) Indian tribe.--The term `Indian tribe' has the meaning 
        given that term in section 4(e) of the Indian Self-Determination 
        Act (25 U.S.C. 450b(e)).
            ``(8) Metropolitan statistical area.--The term `metropolitan 
        statistical area' means a metropolitan statistical area, as 
        defined by the Office of Management and Budget.
            ``(9) National special security event.--The term `National 
        Special Security Event' means a designated event that, by virtue 
        of its political, economic, social, or religious significance, 
        may be the target of terrorism or other criminal activity.
            ``(10) Population.--The term `population' means population 
        according to the most recent United States census population 
        estimates available at the start of the relevant fiscal year.
            ``(11) Population density.--The term `population density' 
        means population divided by land area in square miles.
            ``(12) Qualified intelligence analyst.--The term `qualified 
        intelligence analyst' means an intelligence analyst (as that 
        term is defined in section 210A(j)), including law enforcement 
        personnel--
                    ``(A) who has successfully completed training to 
                ensure baseline proficiency in intelligence analysis and 
                production, as determined by the Secretary, which may 
                include training using a curriculum developed under 
                section 209; or
                    ``(B) whose experience ensures baseline proficiency 
                in intelligence analysis and production equivalent to 
                the training required under subparagraph (A), as 
                determined by the Secretary.
            ``(13) Target capabilities.--The term `target capabilities' 
        means the target capabilities for Federal, State, local, and 
        tribal government preparedness for which guidelines are required 
        to be established under section 646(a) of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 746(a)).
            ``(14) Tribal government.--The term `tribal government' 
        means the government of an Indian tribe.

        ``Subtitle A--Grants to States and High-Risk Urban Areas

``SEC. 2002. <<NOTE: 6 USC 603.>> HOMELAND SECURITY GRANT 
                          PROGRAMS.

    ``(a) Grants Authorized.--The Secretary, through the Administrator, 
may award grants under sections 2003 and 2004 to State, local, and 
tribal governments.
    ``(b) Programs Not Affected.--This subtitle shall not be construed 
to affect any of the following Federal programs:
            ``(1) Firefighter and other assistance programs authorized 
        under the Federal Fire Prevention and Control Act of 1974 (15 
        U.S.C. 2201 et seq.).
            ``(2) Grants authorized under the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
        seq.).
            ``(3) Emergency Management Performance Grants under the 
        amendments made by title II of the Implementing Recommendations 
        of the 9/11 Commission Act of 2007.

[[Page 121 STAT. 274]]

            ``(4) Grants to protect critical infrastructure, including 
        port security grants authorized under section 70107 of title 46, 
        United States Code, and the grants authorized under title XIV 
        and XV of the Implementing Recommendations of the 9/11 
        Commission Act of 2007 and the amendments made by such titles.
            ``(5) The Metropolitan Medical Response System authorized 
        under section 635 of the Post-Katrina Emergency Management 
        Reform Act of 2006 (6 U.S.C. 723).
            ``(6) The Interoperable Emergency Communications Grant 
        Program authorized under title XVIII.
            ``(7) Grant programs other than those administered by the 
        Department.

    ``(c) Relationship to Other Laws.--
            ``(1) In general.--The grant programs authorized under 
        sections 2003 and 2004 shall supercede all grant programs 
        authorized under section 1014 of the USA PATRIOT Act (42 U.S.C. 
        3714).
            ``(2) Allocation.--The allocation of grants authorized under 
        section 2003 or 2004 shall be governed by the terms of this 
        subtitle and not by any other provision of law.
``SEC. 2003. <<NOTE: 6 USC 604.>> URBAN AREA SECURITY INITIATIVE.

    ``(a) Establishment.--There is established an Urban Area Security 
Initiative to provide grants to assist high-risk urban areas in 
preventing, preparing for, protecting against, and responding to acts of 
terrorism.
    ``(b) Assessment and Designation of High-Risk Urban Areas.--
            ``(1) In general.--The Administrator shall designate high-
        risk urban areas to receive grants under this section based on 
        procedures under this subsection.
            ``(2) Initial assessment.--
                    ``(A) In general.--For each fiscal year, the 
                Administrator shall conduct an initial assessment of the 
                relative threat, vulnerability, and consequences from 
                acts of terrorism faced by each eligible metropolitan 
                area, including consideration of--
                          ``(i) the factors set forth in subparagraphs 
                      (A) through (H) and (K) of section 2007(a)(1); and
                          ``(ii) information and materials submitted 
                      under subparagraph (B).
                    ``(B) Submission of information by eligible 
                metropolitan areas.--Prior to conducting each initial 
                assessment under subparagraph (A), the Administrator 
                shall provide each eligible metropolitan area with, and 
                shall notify each eligible metropolitan area of, the 
                opportunity to--
                          ``(i) submit information that the eligible 
                      metropolitan area believes to be relevant to the 
                      determination of the threat, vulnerability, and 
                      consequences it faces from acts of terrorism; and
                          ``(ii) review the risk assessment conducted by 
                      the Department of that eligible metropolitan area, 
                      including the bases for the assessment by the 
                      Department of the threat, vulnerability, and 
                      consequences

[[Page 121 STAT. 275]]

                      from acts of terrorism faced by that eligible 
                      metropolitan area, and remedy erroneous or 
                      incomplete information.
            ``(3) Designation of high-risk urban areas.--
                    ``(A) Designation.--
                          ``(i) In general.--For each fiscal year, after 
                      conducting the initial assessment under paragraph 
                      (2), and based on that assessment, the 
                      Administrator shall designate high-risk urban 
                      areas that may submit applications for grants 
                      under this section.
                          ``(ii) Additional areas.--Notwithstanding 
                      paragraph (2), the Administrator may--
                                    ``(I) in any case where an eligible 
                                metropolitan area consists of more than 
                                1 metropolitan division (as that term is 
                                defined by the Office of Management and 
                                Budget) designate more than 1 high-risk 
                                urban area within a single eligible 
                                metropolitan area; and
                                    ``(II) designate an area that is not 
                                an eligible metropolitan area as a high-
                                risk urban area based on the assessment 
                                by the Administrator of the relative 
                                threat, vulnerability, and consequences 
                                from acts of terrorism faced by the 
                                area.
                          ``(iii) Rule of construction.--Nothing in this 
                      subsection may be construed to require the 
                      Administrator to--
                                    ``(I) designate all eligible 
                                metropolitan areas that submit 
                                information to the Administrator under 
                                paragraph (2)(B)(i) as high-risk urban 
                                areas; or
                                    ``(II) designate all areas within an 
                                eligible metropolitan area as part of 
                                the high-risk urban area.
                    ``(B) Jurisdictions included in high-risk urban 
                areas.--
                          ``(i) In general.--In designating high-risk 
                      urban areas under subparagraph (A), the 
                      Administrator shall determine which jurisdictions, 
                      at a minimum, shall be included in each high-risk 
                      urban area.
                          ``(ii) Additional jurisdictions.--A high-risk 
                      urban area designated by the Administrator may, in 
                      consultation with the State or States in which 
                      such high-risk urban area is located, add 
                      additional jurisdictions to the high-risk urban 
                      area.

    ``(c) Application.--
            ``(1) In general.--An area designated as a high-risk urban 
        area under subsection (b) may apply for a grant under this 
        section.
            ``(2) Minimum contents of application.--In an application 
        for a grant under this section, a high-risk urban area shall 
        submit--
                    ``(A) a plan describing the proposed division of 
                responsibilities and distribution of funding among the 
                local and tribal governments in the high-risk urban 
                area;
                    ``(B) the name of an individual to serve as a high-
                risk urban area liaison with the Department and among 
                the various jurisdictions in the high-risk urban area; 
                and

[[Page 121 STAT. 276]]

                    ``(C) such information in support of the application 
                as the Administrator may reasonably require.
            ``(3) Annual applications.--Applicants for grants under this 
        section shall apply or reapply on an annual basis.
            ``(4) State review and transmission.--
                    ``(A) In general.--To ensure consistency with State 
                homeland security plans, a high-risk urban area applying 
                for a grant under this section shall submit its 
                application to each State within which any part of that 
                high-risk urban area is located for review before 
                submission of such application to the Department.
                    ``(B) Deadline.--Not later than 30 days after 
                receiving an application from a high-risk urban area 
                under subparagraph (A), a State shall transmit the 
                application to the Department.
                    ``(C) Opportunity for state comment.--
                If <<NOTE: Notification.>> the Governor of a State 
                determines that an application of a high-risk urban area 
                is inconsistent with the State homeland security plan of 
                that State, or otherwise does not support the 
                application, the Governor shall--
                          ``(i) notify the Administrator, in writing, of 
                      that fact; and
                          ``(ii) provide an explanation of the reason 
                      for not supporting the application at the time of 
                      transmission of the application.
            ``(5) Opportunity to amend.--In considering applications for 
        grants under this section, the Administrator shall provide 
        applicants with a reasonable opportunity to correct defects in 
        the application, if any, before making final awards.

    ``(d) Distribution of Awards.--
            ``(1) In general.--If the Administrator approves the 
        application of a high-risk urban area for a grant under this 
        section, the Administrator shall distribute the grant funds to 
        the State or States in which that high-risk urban area is 
        located.
            ``(2) State distribution of funds.--
                    ``(A) In general.--Not <<NOTE: Deadline.>> later 
                than 45 days after the date that a State receives grant 
                funds under paragraph (1), that State shall provide the 
                high-risk urban area awarded that grant not less than 80 
                percent of the grant funds. Any funds retained by a 
                State shall be expended on items, services, or 
                activities that benefit the high-risk urban area.
                    ``(B) Funds retained.--A State shall provide each 
                relevant high-risk urban area with an accounting of the 
                items, services, or activities on which any funds 
                retained by the State under subparagraph (A) were 
                expended.
            ``(3) Interstate urban areas.--If parts of a high-risk urban 
        area awarded a grant under this section are located in 2 or more 
        States, the Administrator shall distribute to each such State--
                    ``(A) a portion of the grant funds in accordance 
                with the proposed distribution set forth in the 
                application; or
                    ``(B) if no agreement on distribution has been 
                reached, a portion of the grant funds determined by the 
                Administrator to be appropriate.

[[Page 121 STAT. 277]]

            ``(4) Certifications regarding distribution of grant funds 
        to high-risk urban areas.--A State that receives grant funds 
        under paragraph (1) shall certify to the Administrator that the 
        State has made available to the applicable high-risk urban area 
        the required funds under paragraph (2).

    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
            ``(1) $850,000,000 for fiscal year 2008;
            ``(2) $950,000,000 for fiscal year 2009;
            ``(3) $1,050,000,000 for fiscal year 2010;
            ``(4) $1,150,000,000 for fiscal year 2011;
            ``(5) $1,300,000,000 for fiscal year 2012; and
            ``(6) such sums as are necessary for fiscal year 2013, and 
        each fiscal year thereafter.
``SEC. 2004. <<NOTE: 6 USC 605.>> STATE HOMELAND SECURITY GRANT 
                          PROGRAM.

    ``(a) Establishment.--There is established a State Homeland Security 
Grant Program to assist State, local, and tribal governments in 
preventing, preparing for, protecting against, and responding to acts of 
terrorism.
    ``(b) Application.--
            ``(1) In general.--Each State may apply for a grant under 
        this section, and shall submit such information in support of 
        the application as the Administrator may reasonably require.
            ``(2) Minimum contents of application.--The Administrator 
        shall require that each State include in its application, at a 
        minimum--
                    ``(A) the purpose for which the State seeks grant 
                funds and the reasons why the State needs the grant to 
                meet the target capabilities of that State;
                    ``(B) a description of how the State plans to 
                allocate the grant funds to local governments and Indian 
                tribes; and
                    ``(C) a budget showing how the State intends to 
                expend the grant funds.
            ``(3) Annual applications.--Applicants for grants under this 
        section shall apply or reapply on an annual basis.

    ``(c) Distribution to Local and Tribal Governments.--
            ``(1) In general.--Not <<NOTE: Deadline.>> later than 45 
        days after receiving grant funds, any State receiving a grant 
        under this section shall make available to local and tribal 
        governments, consistent with the applicable State homeland 
        security plan--
                    ``(A) not less than 80 percent of the grant funds;
                    ``(B) with the consent of local and tribal 
                governments, items, services, or activities having a 
                value of not less than 80 percent of the amount of the 
                grant; or
                    ``(C) with the consent of local and tribal 
                governments, grant funds combined with other items, 
                services, or activities having a total value of not less 
                than 80 percent of the amount of the grant.
            ``(2) Certifications regarding distribution of grant funds 
        to local governments.--A State shall certify to the 
        Administrator that the State has made the distribution to local 
        and tribal governments required under paragraph (1).
            ``(3) Extension of period.--The Governor of a State may 
        request in writing that the Administrator extend the period 
        under paragraph (1) for an additional period of time. The

[[Page 121 STAT. 278]]

        Administrator may approve such a request if the Administrator 
        determines that the resulting delay in providing grant funding 
        to the local and tribal governments is necessary to promote 
        effective investments to prevent, prepare for, protect against, 
        or respond to acts of terrorism.
            ``(4) Exception.--Paragraph (1) shall not apply to the 
        District of Columbia, the Commonwealth of Puerto Rico, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, Guam, 
        or the Virgin Islands.
            ``(5) Direct funding.--If a State fails to make the 
        distribution to local or tribal governments required under 
        paragraph (1) in a timely fashion, a local or tribal government 
        entitled to receive such distribution may petition the 
        Administrator to request that grant funds be provided directly 
        to the local or tribal government.

    ``(d) Multistate Applications.--
            ``(1) In general.--Instead of, or in addition to, any 
        application for a grant under subsection (b), 2 or more States 
        may submit an application for a grant under this section in 
        support of multistate efforts to prevent, prepare for, protect 
        against, and respond to acts of terrorism.
            ``(2) Administration of grant.--If a group of States applies 
        for a grant under this section, such States shall submit to the 
        Administrator at the time of application a plan describing--
                    ``(A) the division of responsibilities for 
                administering the grant; and
                    ``(B) the distribution of funding among the States 
                that are parties to the application.

    ``(e) Minimum Allocation.--
            ``(1) In general.--In allocating funds under this section, 
        the Administrator shall ensure that--
                    ``(A) except as provided in subparagraph (B), each 
                State receives, from the funds appropriated for the 
                State Homeland Security Grant Program established under 
                this section, not less than an amount equal to--
                          ``(i) 0.375 percent of the total funds 
                      appropriated for grants under this section and 
                      section 2003 in fiscal year 2008;
                          ``(ii) 0.365 percent of the total funds 
                      appropriated for grants under this section and 
                      section 2003 in fiscal year 2009;
                          ``(iii) 0.36 percent of the total funds 
                      appropriated for grants under this section and 
                      section 2003 in fiscal year 2010;
                          ``(iv) 0.355 percent of the total funds 
                      appropriated for grants under this section and 
                      section 2003 in fiscal year 2011; and
                          ``(v) 0.35 percent of the total funds 
                      appropriated for grants under this section and 
                      section 2003 in fiscal year 2012 and in each 
                      fiscal year thereafter; and
                    ``(B) <<NOTE: Territories.>> for each fiscal year, 
                American Samoa, the Commonwealth of the Northern Mariana 
                Islands, Guam, and the Virgin Islands each receive, from 
                the funds appropriated for the State Homeland Security 
                Grant Program established under this section, not less 
                than an amount

[[Page 121 STAT. 279]]

                equal to 0.08 percent of the total funds appropriated 
                for grants under this section and section 2003.
            ``(2) Effect of multistate award on state minimum.--Any 
        portion of a multistate award provided to a State under 
        subsection (d) shall be considered in calculating the minimum 
        State allocation under this subsection.

    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
            ``(1) $950,000,000 for each of fiscal years 2008 through 
        2012; and
            ``(2) such sums as are necessary for fiscal year 2013, and 
        each fiscal year thereafter.
``SEC. 2005. <<NOTE: 6 USC 606.>> GRANTS TO DIRECTLY ELIGIBLE 
                          TRIBES.

    ``(a) In General.--Notwithstanding section 2004(b), the 
Administrator may award grants to directly eligible tribes under section 
2004.
    ``(b) Tribal Applications.--A directly eligible tribe may apply for 
a grant under section 2004 by submitting an application to the 
Administrator that includes, as appropriate, the information required 
for an application by a State under section 2004(b).
    ``(c) Consistency With State Plans.--
            ``(1) In general.--To ensure consistency with any applicable 
        State homeland security plan, a directly eligible tribe applying 
        for a grant under section 2004 shall provide a copy of its 
        application to each State within which any part of the tribe is 
        located for review before the tribe submits such application to 
        the Department.
            ``(2) Opportunity for comment.--
        If <<NOTE: Deadline. Notification.>> the Governor of a State 
        determines that the application of a directly eligible tribe is 
        inconsistent with the State homeland security plan of that 
        State, or otherwise does not support the application, not later 
        than 30 days after the date of receipt of that application the 
        Governor shall--
                    ``(A) notify the Administrator, in writing, of that 
                fact; and
                    ``(B) provide an explanation of the reason for not 
                supporting the application.

    ``(d) Final Authority.--The Administrator shall have final authority 
to approve any application of a directly eligible tribe. 
The <<NOTE: Notification.>> Administrator shall notify each State within 
the boundaries of which any part of a directly eligible tribe is located 
of the approval of an application by the tribe.

    ``(e) Prioritization.--The Administrator shall allocate funds to 
directly eligible tribes in accordance with the factors applicable to 
allocating funds among States under section 2007.
    ``(f) Distribution of Awards to Directly Eligible Tribes.--If the 
Administrator awards funds to a directly eligible tribe under this 
section, the Administrator shall distribute the grant funds directly to 
the tribe and not through any State.
    ``(g) Minimum Allocation.--
            ``(1) In general.--In allocating funds under this section, 
        the Administrator shall ensure that, for each fiscal year, 
        directly eligible tribes collectively receive, from the funds 
        appropriated for the State Homeland Security Grant Program 
        established under section 2004, not less than an amount equal

[[Page 121 STAT. 280]]

        to 0.1 percent of the total funds appropriated for grants under 
        sections 2003 and 2004.
            ``(2) Exception.--This subsection shall not apply in any 
        fiscal year in which the Administrator--
                    ``(A) receives fewer than 5 applications under this 
                section; or
                    ``(B) does not approve at least 2 applications under 
                this section.

    ``(h) Tribal Liaison.--A directly eligible tribe applying for a 
grant under section 2004 shall designate an individual to serve as a 
tribal liaison with the Department and other Federal, State, local, and 
regional government officials concerning preventing, preparing for, 
protecting against, and responding to acts of terrorism.
    ``(i) Eligibility for Other Funds.--A directly eligible tribe that 
receives a grant under section 2004 may receive funds for other purposes 
under a grant from the State or States within the boundaries of which 
any part of such tribe is located and from any high-risk urban area of 
which it is a part, consistent with the homeland security plan of the 
State or high-risk urban area.
    ``(j) State Obligations.--
            ``(1) In general.--States shall be responsible for 
        allocating grant funds received under section 2004 to tribal 
        governments in order to help those tribal communities achieve 
        target capabilities not achieved through grants to directly 
        eligible tribes.
            ``(2) Distribution of grant funds.--With respect to a grant 
        to a State under section 2004, an Indian tribe shall be eligible 
        for funding directly from that State, and shall not be required 
        to seek funding from any local government.
            ``(3) Imposition of requirements.--A State may not impose 
        unreasonable or unduly burdensome requirements on an Indian 
        tribe as a condition of providing the Indian tribe with grant 
        funds or resources under section 2004.

    ``(k) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of an Indian tribe that receives funds 
under this subtitle.
``SEC. 2006. <<NOTE: 6 USC 607.>> TERRORISM PREVENTION.

    ``(a) Law Enforcement Terrorism Prevention Program.--
            ``(1) In general.--The Administrator shall ensure that not 
        less than 25 percent of the total combined funds appropriated 
        for grants under sections 2003 and 2004 is used for law 
        enforcement terrorism prevention activities.
            ``(2) Law enforcement terrorism prevention activities.--Law 
        enforcement terrorism prevention activities include--
                    ``(A) information sharing and analysis;
                    ``(B) target hardening;
                    ``(C) threat recognition;
                    ``(D) terrorist interdiction;
                    ``(E) overtime expenses consistent with a State 
                homeland security plan, including for the provision of 
                enhanced law enforcement operations in support of 
                Federal agencies, including for increased border 
                security and border crossing enforcement;

[[Page 121 STAT. 281]]

                    ``(F) establishing, enhancing, and staffing with 
                appropriately qualified personnel State, local, and 
                regional fusion centers that comply with the guidelines 
                established under section 210A(i);
                    ``(G) paying salaries and benefits for personnel, 
                including individuals employed by the grant recipient on 
                the date of the relevant grant application, to serve as 
                qualified intelligence analysts;
                    ``(H) any other activity permitted under the Fiscal 
                Year 2007 Program Guidance of the Department for the Law 
                Enforcement Terrorism Prevention Program; and
                    ``(I) any other terrorism prevention activity 
                authorized by the Administrator.
            ``(3) Participation of underrepresented communities in 
        fusion centers.--The Administrator shall ensure that grant funds 
        described in paragraph (1) are used to support the 
        participation, as appropriate, of law enforcement and other 
        emergency response providers from rural and other 
        underrepresented communities at risk from acts of terrorism in 
        fusion centers.

    ``(b) Office for State and Local Law Enforcement.--
            ``(1) Establishment.--There is established in the Policy 
        Directorate of the Department an Office for State and Local Law 
        Enforcement, which shall be headed by an Assistant Secretary for 
        State and Local Law Enforcement.
            ``(2) Qualifications.--The Assistant Secretary for State and 
        Local Law Enforcement shall have an appropriate background with 
        experience in law enforcement, intelligence, and other 
        counterterrorism functions.
            ``(3) Assignment of personnel.--The Secretary shall assign 
        to the Office for State and Local Law Enforcement permanent 
        staff and, as appropriate and consistent with sections 
        506(c)(2), 821, and 888(d), other appropriate personnel detailed 
        from other components of the Department to carry out the 
        responsibilities under this subsection.
            ``(4) Responsibilities.--The Assistant Secretary for State 
        and Local Law Enforcement shall--
                    ``(A) lead the coordination of Department-wide 
                policies relating to the role of State and local law 
                enforcement in preventing, preparing for, protecting 
                against, and responding to natural disasters, acts of 
                terrorism, and other man-made disasters within the 
                United States;
                    ``(B) serve as a liaison between State, local, and 
                tribal law enforcement agencies and the Department;
                    ``(C) coordinate with the Office of Intelligence and 
                Analysis to ensure the intelligence and information 
                sharing requirements of State, local, and tribal law 
                enforcement agencies are being addressed;
                    ``(D) work with the Administrator to ensure that law 
                enforcement and terrorism-focused grants to State, 
                local, and tribal government agencies, including grants 
                under sections 2003 and 2004, the Commercial Equipment 
                Direct Assistance Program, and other grants administered 
                by the Department to support fusion centers and law 
                enforcement-oriented programs, are appropriately focused 
                on terrorism prevention activities;
                    ``(E) coordinate with the Science and Technology 
                Directorate, the Federal Emergency Management Agency, 
                the

[[Page 121 STAT. 282]]

                Department of Justice, the National Institute of 
                Justice, law enforcement organizations, and other 
                appropriate entities to support the development, 
                promulgation, and updating, as necessary, of national 
                voluntary consensus standards for training and personal 
                protective equipment to be used in a tactical 
                environment by law enforcement officers; and
                    ``(F) conduct, <<NOTE: Study. Reports.>> jointly 
                with the Administrator, a study to determine the 
                efficacy and feasibility of establishing specialized law 
                enforcement deployment teams to assist State, local, and 
                tribal governments in responding to natural disasters, 
                acts of terrorism, or other man-made disasters and 
                report on the results of that study to the appropriate 
                committees of Congress.
            ``(5) Rule of construction.--Nothing in this subsection 
        shall be construed to diminish, supercede, or replace the 
        responsibilities, authorities, or role of the Administrator.
``SEC. 2007. <<NOTE: 6 USC 608.>> PRIORITIZATION.

    ``(a) In General.--In allocating funds among States and high-risk 
urban areas applying for grants under section 2003 or 2004, the 
Administrator shall consider, for each State or high-risk urban area--
            ``(1) its relative threat, vulnerability, and consequences 
        from acts of terrorism, including consideration of--
                    ``(A) its population, including appropriate 
                consideration of military, tourist, and commuter 
                populations;
                    ``(B) its population density;
                    ``(C) its history of threats, including whether it 
                has been the target of a prior act of terrorism;
                    ``(D) its degree of threat, vulnerability, and 
                consequences related to critical infrastructure (for all 
                critical infrastructure sectors) or key resources 
                identified by the Administrator or the State homeland 
                security plan, including threats, vulnerabilities, and 
                consequences related to critical infrastructure or key 
                resources in nearby jurisdictions;
                    ``(E) the most current threat assessments available 
                to the Department;
                    ``(F) whether the State has, or the high-risk urban 
                area is located at or near, an international border;
                    ``(G) whether it has a coastline bordering an ocean 
                (including the Gulf of Mexico) or international waters;
                    ``(H) its likely need to respond to acts of 
                terrorism occurring in nearby jurisdictions;
                    ``(I) the extent to which it has unmet target 
                capabilities;
                    ``(J) in the case of a high-risk urban area, the 
                extent to which that high-risk urban area includes--
                          ``(i) those incorporated municipalities, 
                      counties, parishes, and Indian tribes within the 
                      relevant eligible metropolitan area, the inclusion 
                      of which will enhance regional efforts to prevent, 
                      prepare for, protect against, and respond to acts 
                      of terrorism; and
                          ``(ii) other local and tribal governments in 
                      the surrounding area that are likely to be called 
                      upon to respond to acts of terrorism within the 
                      high-risk urban area; and

[[Page 121 STAT. 283]]

                    ``(K) such other factors as are specified in writing 
                by the Administrator; and
            ``(2) the anticipated effectiveness of the proposed use of 
        the grant by the State or high-risk urban area in increasing the 
        ability of that State or high-risk urban area to prevent, 
        prepare for, protect against, and respond to acts of terrorism, 
        to meet its target capabilities, and to otherwise reduce the 
        overall risk to the high-risk urban area, the State, or the 
        Nation.

    ``(b) Types of Threat.--In assessing threat under this section, the 
Administrator shall consider the following types of threat to critical 
infrastructure sectors and to populations in all areas of the United 
States, urban and rural:
            ``(1) Biological.
            ``(2) Chemical.
            ``(3) Cyber.
            ``(4) Explosives.
            ``(5) Incendiary.
            ``(6) Nuclear.
            ``(7) Radiological.
            ``(8) Suicide bombers.
            ``(9) Such other types of threat determined relevant by the 
        Administrator.
``SEC. 2008. <<NOTE: 6 USC 609.>> USE OF FUNDS.

    ``(a) Permitted Uses.--Grants awarded under section 2003 or 2004 may 
be used to achieve target capabilities related to preventing, preparing 
for, protecting against, and responding to acts of terrorism, consistent 
with a State homeland security plan and relevant local, tribal, and 
regional homeland security plans, through--
            ``(1) developing and enhancing homeland security, emergency 
        management, or other relevant plans, assessments, or mutual aid 
        agreements;
            ``(2) designing, conducting, and evaluating training and 
        exercises, including training and exercises conducted under 
        section 512 of this Act and section 648 of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 748);
            ``(3) protecting a system or asset included on the 
        prioritized critical infrastructure list established under 
        section 210E(a)(2);
            ``(4) purchasing, upgrading, storing, or maintaining 
        equipment, including computer hardware and software;
            ``(5) ensuring operability and achieving interoperability of 
        emergency communications;
            ``(6) responding to an increase in the threat level under 
        the Homeland Security Advisory System, or to the needs resulting 
        from a National Special Security Event;
            ``(7) establishing, enhancing, and staffing with 
        appropriately qualified personnel State, local, and regional 
        fusion centers that comply with the guidelines established under 
        section 210A(i);
            ``(8) enhancing school preparedness;
            ``(9) supporting public safety answering points;
            ``(10) paying salaries and benefits for personnel, including 
        individuals employed by the grant recipient on the date of the 
        relevant grant application, to serve as qualified intelligence 
        analysts;

[[Page 121 STAT. 284]]

            ``(11) paying expenses directly related to administration of 
        the grant, except that such expenses may not exceed 3 percent of 
        the amount of the grant;
            ``(12) any activity permitted under the Fiscal Year 2007 
        Program Guidance of the Department for the State Homeland 
        Security Grant Program, the Urban Area Security Initiative 
        (including activities permitted under the full-time 
        counterterrorism staffing pilot), or the Law Enforcement 
        Terrorism Prevention Program; and
            ``(13) any other appropriate activity, as determined by the 
        Administrator.

    ``(b) Limitations on Use of Funds.--
            ``(1) In general.--Funds provided under section 2003 or 2004 
        may not be used--
                    ``(A) to supplant State or local funds, except that 
                nothing in this paragraph shall prohibit the use of 
                grant funds provided to a State or high-risk urban area 
                for otherwise permissible uses under subsection (a) on 
                the basis that a State or high-risk urban area has 
                previously used State or local funds to support the same 
                or similar uses; or
                    ``(B) for any State or local government cost-sharing 
                contribution.
            ``(2) Personnel.--
                    ``(A) In general.--Not more than 50 percent of the 
                amount awarded to a grant recipient under section 2003 
                or 2004 in any fiscal year may be used to pay for 
                personnel, including overtime and backfill costs, in 
                support of the permitted uses under subsection (a).
                    ``(B) Waiver.--At the request of the recipient of a 
                grant under section 2003 or 2004, the Administrator may 
                grant a waiver of the limitation under subparagraph (A).
            ``(3) Construction.--
                    ``(A) In general.--A grant awarded under section 
                2003 or 2004 may not be used to acquire land or to 
                construct buildings or other physical facilities.
                    ``(B) Exceptions.--
                          ``(i) In general.--Notwithstanding 
                      subparagraph (A), nothing in this paragraph shall 
                      prohibit the use of a grant awarded under section 
                      2003 or 2004 to achieve target capabilities 
                      related to preventing, preparing for, protecting 
                      against, or responding to acts of terrorism, 
                      including through the alteration or remodeling of 
                      existing buildings for the purpose of making such 
                      buildings secure against acts of terrorism.
                          ``(ii) Requirements for exception.--No grant 
                      awarded under section 2003 or 2004 may be used for 
                      a purpose described in clause (i) unless--
                                    ``(I) specifically approved by the 
                                Administrator;
                                    ``(II) any construction work occurs 
                                under terms and conditions consistent 
                                with the requirements under section 
                                611(j)(9) of the Robert T. Stafford 
                                Disaster Relief and Emergency Assistance 
                                Act (42 U.S.C. 5196(j)(9)); and
                                    ``(III) the amount allocated for 
                                purposes under clause (i) does not 
                                exceed the greater of $1,000,000 or 15 
                                percent of the grant award.

[[Page 121 STAT. 285]]

            ``(4) Recreation.--Grants awarded under this subtitle may 
        not be used for recreational or social purposes.

    ``(c) Multiple-Purpose Funds.--Nothing in this subtitle shall be 
construed to prohibit State, local, or tribal governments from using 
grant funds under sections 2003 and 2004 in a manner that enhances 
preparedness for disasters unrelated to acts of terrorism, if such use 
assists such governments in achieving target capabilities related to 
preventing, preparing for, protecting against, or responding to acts of 
terrorism.
    ``(d) Reimbursement of Costs.--
            ``(1) Paid-on-call or volunteer reimbursement.--In addition 
        to the activities described in subsection (a), a grant under 
        section 2003 or 2004 may be used to provide a reasonable stipend 
        to paid-on-call or volunteer emergency response providers who 
        are not otherwise compensated for travel to or participation in 
        training or exercises related to the purposes of this subtitle. 
        Any such reimbursement shall not be considered compensation for 
        purposes of rendering an emergency response provider an employee 
        under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.).
            ``(2) Performance of federal duty.--An applicant for a grant 
        under section 2003 or 2004 may petition the Administrator to use 
        the funds from its grants under those sections for the 
        reimbursement of the cost of any activity relating to 
        preventing, preparing for, protecting against, or responding to 
        acts of terrorism that is a Federal duty and usually performed 
        by a Federal agency, and that is being performed by a State or 
        local government under agreement with a Federal agency.

    ``(e) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a grant under section 2003 or 2004, the 
Administrator may authorize the grant recipient to transfer all or part 
of the grant funds from uses specified in the grant agreement to other 
uses authorized under this section, if the Administrator determines that 
such transfer is in the interests of homeland security.
    ``(f) Equipment Standards.--If an applicant for a grant under 
section 2003 or 2004 proposes to upgrade or purchase, with assistance 
provided under that grant, new equipment or systems that do not meet or 
exceed any applicable national voluntary consensus standards developed 
under section 647 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 747), the applicant shall include in its application an 
explanation of why such equipment or systems will serve the needs of the 
applicant better than equipment or systems that meet or exceed such 
standards.

                   ``Subtitle B--Grants Administration

``SEC. 2021. <<NOTE: 6 USC 611.>> ADMINISTRATION AND COORDINATION.

    ``(a) Regional Coordination.--The Administrator shall ensure that--
            ``(1) all recipients of grants administered by the 
        Department to prevent, prepare for, protect against, or respond 
        to natural disasters, acts of terrorism, or other man-made 
        disasters (excluding assistance provided under section 203, 
        title IV, or title V of the Robert T. Stafford Disaster Relief 
        and Emergency

[[Page 121 STAT. 286]]

        Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) 
        coordinate, as appropriate, their prevention, preparedness, and 
        protection efforts with neighboring State, local, and tribal 
        governments; and
            ``(2) all high-risk urban areas and other recipients of 
        grants administered by the Department to prevent, prepare for, 
        protect against, or respond to natural disasters, acts of 
        terrorism, or other man-made disasters (excluding assistance 
        provided under section 203, title IV, or title V of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5133, 5170 et seq., and 5191 et seq.)) that include or 
        substantially affect parts or all of more than 1 State 
        coordinate, as appropriate, across State boundaries, including, 
        where appropriate, through the use of regional working groups 
        and requirements for regional plans.

    ``(b) Planning Committees.--
            ``(1) In general.--Any <<NOTE: Establishment.>> State or 
        high-risk urban area receiving a grant under section 2003 or 
        2004 shall establish a planning committee to assist in 
        preparation and revision of the State, regional, or local 
        homeland security plan and to assist in determining effective 
        funding priorities for grants under sections 2003 and 2004.
            ``(2) Composition.--
                    ``(A) In general.--The planning committee shall 
                include representatives of significant stakeholders, 
                including--
                          ``(i) local and tribal government officials; 
                      and
                          ``(ii) emergency response providers, which 
                      shall include representatives of the fire service, 
                      law enforcement, emergency medical response, and 
                      emergency managers.
                    ``(B) Geographic representation.--The members of the 
                planning committee shall be a representative group of 
                individuals from the counties, cities, towns, and Indian 
                tribes within the State or high-risk urban area, 
                including, as appropriate, representatives of rural, 
                high-population, and high-threat jurisdictions.
            ``(3) Existing planning committees.--Nothing in this 
        subsection may be construed to require that any State or high-
        risk urban area create a planning committee if that State or 
        high-risk urban area has established and uses a 
        multijurisdictional planning committee or commission that meets 
        the requirements of this subsection.

    ``(c) Interagency Coordination.--
            ``(1) In general.--Not <<NOTE: Deadline.>> later than 12 
        months after the date of enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, the 
        Secretary (acting through the Administrator), the Attorney 
        General, the Secretary of Health and Human Services, and the 
        heads of other agencies providing assistance to State, local, 
        and tribal governments for preventing, preparing for, protecting 
        against, and responding to natural disasters, acts of terrorism, 
        and other man-made disasters, shall jointly--
                    ``(A) compile a comprehensive list of Federal grant 
                programs for State, local, and tribal governments for 
                preventing, preparing for, protecting against, and 
                responding

[[Page 121 STAT. 287]]

                to natural disasters, acts of terrorism, and other man-
                made disasters;
                    ``(B) compile the planning, reporting, application, 
                and other requirements and guidance for the grant 
                programs described in subparagraph (A);
                    ``(C) develop recommendations, as appropriate, to--
                          ``(i) eliminate redundant and duplicative 
                      requirements for State, local, and tribal 
                      governments, including onerous application and 
                      ongoing reporting requirements;
                          ``(ii) ensure accountability of the programs 
                      to the intended purposes of such programs;
                          ``(iii) coordinate allocation of grant funds 
                      to avoid duplicative or inconsistent purchases by 
                      the recipients;
                          ``(iv) make the programs more accessible and 
                      user friendly to applicants; and
                          ``(v) ensure the programs are coordinated to 
                      enhance the overall preparedness of the Nation;
                    ``(D) <<NOTE: Submission.>> submit the information 
                and recommendations under subparagraphs (A), (B), and 
                (C) to the appropriate committees of Congress; and
                    ``(E) provide the appropriate committees of 
                Congress, the Comptroller General, and any officer or 
                employee of the Government Accountability Office with 
                full access to any information collected or reviewed in 
                preparing the submission under subparagraph (D).
            ``(2) Scope of task.--Nothing in this subsection shall 
        authorize the elimination, or the alteration of the purposes, as 
        delineated by statute, regulation, or guidance, of any grant 
        program that exists on the date of the enactment of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007, 
        nor authorize the review or preparation of proposals on the 
        elimination, or the alteration of such purposes, of any such 
        grant program.

    ``(d) Sense of Congress.--It is the sense of Congress that, in order 
to ensure that the Nation is most effectively able to prevent, prepare 
for, protect against, and respond to all hazards, including natural 
disasters, acts of terrorism, and other man-made disasters--
            ``(1) the Department should administer a coherent and 
        coordinated system of both terrorism-focused and all-hazards 
        grants;
            ``(2) there should be a continuing and appropriate balance 
        between funding for terrorism-focused and all-hazards 
        preparedness, as reflected in the authorizations of 
        appropriations for grants under the amendments made by titles I 
        and II, as applicable, of the Implementing Recommendations of 
        the 9/11 Commission Act of 2007; and
            ``(3) with respect to terrorism-focused grants, it is 
        necessary to ensure both that the target capabilities of the 
        highest risk areas are achieved quickly and that basic levels of 
        preparedness, as measured by the attainment of target 
        capabilities, are achieved nationwide.
``SEC. 2022. <<NOTE: 6 USC 612.>> ACCOUNTABILITY.

    ``(a) Audits of Grant Programs.--
            ``(1) Compliance requirements.--

[[Page 121 STAT. 288]]

                    ``(A) Audit requirement.--Each recipient of a grant 
                administered by the Department that expends not less 
                than $500,000 in Federal funds during its fiscal year 
                shall submit to the Administrator a copy of the 
                organization-wide financial and compliance audit report 
                required under chapter 75 of title 31, United States 
                Code.
                    ``(B) Access to information.--The Department and 
                each recipient of a grant administered by the Department 
                shall provide the Comptroller General and any officer or 
                employee of the Government Accountability Office with 
                full access to information regarding the activities 
                carried out related to any grant administered by the 
                Department.
                    ``(C) Improper payments.--Consistent with the 
                Improper Payments Information Act of 2002 (31 U.S.C. 
                3321 note), for each of the grant programs under 
                sections 2003 and 2004 of this title and section 662 of 
                the Post-Katrina Emergency Management Reform Act of 2006 
                (6 U.S.C. 762), the Administrator shall specify policies 
                and procedures for--
                          ``(i) identifying activities funded under any 
                      such grant program that are susceptible to 
                      significant improper payments; and
                          ``(ii) reporting any improper payments to the 
                      Department.
            ``(2) Agency program review.--
                    ``(A) In general.--Not <<NOTE: Deadline.>> less than 
                once every 2 years, the Administrator shall conduct, for 
                each State and high-risk urban area receiving a grant 
                administered by the Department, a programmatic and 
                financial review of all grants awarded by the Department 
                to prevent, prepare for, protect against, or respond to 
                natural disasters, acts of terrorism, or other man-made 
                disasters, excluding assistance provided under section 
                203, title IV, or title V of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5133, 5170 et seq., and 5191 et seq.).
                    ``(B) Contents.--Each review under subparagraph (A) 
                shall, at a minimum, examine--
                          ``(i) whether the funds awarded were used in 
                      accordance with the law, program guidance, and 
                      State homeland security plans or other applicable 
                      plans; and
                          ``(ii) the extent to which funds awarded 
                      enhanced the ability of a grantee to prevent, 
                      prepare for, protect against, and respond to 
                      natural disasters, acts of terrorism, and other 
                      man-made disasters.
                    ``(C) Authorization of appropriations.--In addition 
                to any other amounts authorized to be appropriated to 
                the Administrator, there are authorized to be 
                appropriated to the Administrator for reviews under this 
                paragraph--
                          ``(i) $8,000,000 for each of fiscal years 
                      2008, 2009, and 2010; and
                          ``(ii) such sums as are necessary for fiscal 
                      year 2011, and each fiscal year thereafter.
            ``(3) Office of inspector general performance audits.--
                    ``(A) In general.--In order to ensure the effective 
                and appropriate use of grants administered by the 
                Department,

[[Page 121 STAT. 289]]

                the Inspector General of the Department each year shall 
                conduct audits of a sample of States and high-risk urban 
                areas that receive grants administered by the Department 
                to prevent, prepare for, protect against, or respond to 
                natural disasters, acts of terrorism, or other man-made 
                disasters, excluding assistance provided under section 
                203, title IV, or title V of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5133, 5170 et seq., and 5191 et seq.).
                    ``(B) Determining samples.--The sample selected for 
                audits under subparagraph (A) shall be--
                          ``(i) of an appropriate size to--
                                    ``(I) assess the overall integrity 
                                of the grant programs described in 
                                subparagraph (A); and
                                    ``(II) act as a deterrent to 
                                financial mismanagement; and
                          ``(ii) selected based on--
                                    ``(I) the size of the grants awarded 
                                to the recipient;
                                    ``(II) the past grant management 
                                performance of the recipient;
                                    ``(III) concerns identified by the 
                                Administrator, including referrals from 
                                the Administrator; and
                                    ``(IV) such other factors as 
                                determined by the Inspector General of 
                                the Department.
                    ``(C) Comprehensive auditing.--
                During <<NOTE: Effective date.>> the 7-year period 
                beginning on the date of enactment of the Implementing 
                Recommendations of the 9/11 Commission Act of 2007, the 
                Inspector General of the Department shall conduct not 
                fewer than 1 audit of each State that receives funds 
                under a grant under section 2003 or 2004.
                    ``(D) Report by the inspector general.--
                          ``(i) In general.--The Inspector General of 
                      the Department shall submit to the appropriate 
                      committees of Congress an annual consolidated 
                      report regarding the audits completed during the 
                      fiscal year before the date of that report.
                          ``(ii) Contents.--Each report submitted under 
                      clause (i) shall describe, for the fiscal year 
                      before the date of that report--
                                    ``(I) the audits conducted under 
                                subparagraph (A);
                                    ``(II) the findings of the Inspector 
                                General with respect to the audits 
                                conducted under subparagraph (A);
                                    ``(III) whether the funds awarded 
                                were used in accordance with the law, 
                                program guidance, and State homeland 
                                security plans and other applicable 
                                plans; and
                                    ``(IV) the extent to which funds 
                                awarded enhanced the ability of a 
                                grantee to prevent, prepare for, protect 
                                against, and respond to natural 
                                disasters, acts of terrorism and other 
                                man-made disasters.
                          ``(iii) Deadline.--For each year, the report 
                      required under clause (i) shall be submitted not 
                      later than December 31.

[[Page 121 STAT. 290]]

                    ``(E) Public availability on website.--The Inspector 
                General of the Department shall make each audit 
                conducted under subparagraph (A) available on the 
                website of the Inspector General, subject to redaction 
                as the Inspector General determines necessary to protect 
                classified and other sensitive information.
                    ``(F) Provision of information to administrator.--
                The Inspector General of the Department shall provide to 
                the Administrator any findings and recommendations from 
                audits conducted under subparagraph (A).
                    ``(G) Evaluation of grants management and 
                oversight.--Not <<NOTE: Deadline.>> later than 1 year 
                after the date of enactment of the Implementing 
                Recommendations of the 9/11 Commission Act of 2007, the 
                Inspector General of the Department shall review and 
                evaluate the grants management and oversight practices 
                of the Federal Emergency Management Agency, including 
                assessment of and recommendations relating to--
                          ``(i) the skills, resources, and capabilities 
                      of the workforce; and
                          ``(ii) any additional resources and staff 
                      necessary to carry out such management and 
                      oversight.
                    ``(H) Authorization of appropriations.--In addition 
                to any other amounts authorized to be appropriated to 
                the Inspector General of the Department, there are 
                authorized to be appropriated to the Inspector General 
                of the Department for audits under subparagraph (A)--
                          ``(i) $8,500,000 for each of fiscal years 
                      2008, 2009, and 2010; and
                          ``(ii) such sums as are necessary for fiscal 
                      year 2011, and each fiscal year thereafter.
            ``(4) Performance assessment.--In order to ensure that 
        States and high-risk urban areas are using grants administered 
        by the Department appropriately to meet target capabilities and 
        preparedness priorities, the Administrator shall--
                    ``(A) ensure that any such State or high-risk urban 
                area conducts or participates in exercises under section 
                648(b) of the Post-Katrina Emergency Management Reform 
                Act of 2006 (6 U.S.C. 748(b));
                    ``(B) use performance metrics in accordance with the 
                comprehensive assessment system under section 649 of the 
                Post-Katrina Emergency Management Reform Act of 2006 (6 
                U.S.C. 749) and ensure that any such State or high-risk 
                urban area regularly tests its progress against such 
                metrics through the exercises required under 
                subparagraph (A);
                    ``(C) use the remedial action management program 
                under section 650 of the Post-Katrina Emergency 
                Management Reform Act of 2006 (6 U.S.C. 750); and
                    ``(D) <<NOTE: Reports.>> ensure that each State 
                receiving a grant administered by the Department submits 
                a report to the Administrator on its level of 
                preparedness, as required by section 652(c) of the Post-
                Katrina Emergency Management Reform Act of 2006 (6 
                U.S.C. 752(c)).
            ``(5) Consideration of assessments.--In conducting program 
        reviews and performance audits under paragraphs (2) and (3), the 
        Administrator and the Inspector General of the

[[Page 121 STAT. 291]]

        Department shall take into account the performance assessment 
        elements required under paragraph (4).
            ``(6) Recovery audits.--The Administrator shall conduct a 
        recovery audit (as that term is defined by the Director of the 
        Office of Management and Budget under section 3561 of title 31, 
        United States Code) for any grant administered by the Department 
        with a total value of not less than $1,000,000, if the 
        Administrator finds that--
                    ``(A) a financial audit has identified improper 
                payments that can be recouped; and
                    ``(B) it is cost effective to conduct a recovery 
                audit to recapture the targeted funds.
            ``(7) Remedies for noncompliance.--
                    ``(A) In general.--If, as a result of a review or 
                audit under this subsection or otherwise, the 
                Administrator finds that a recipient of a grant under 
                this title has failed to substantially comply with any 
                provision of law or with any regulations or guidelines 
                of the Department regarding eligible expenditures, the 
                Administrator shall--
                          ``(i) reduce the amount of payment of grant 
                      funds to the recipient by an amount equal to the 
                      amount of grants funds that were not properly 
                      expended by the recipient;
                          ``(ii) limit the use of grant funds to 
                      programs, projects, or activities not affected by 
                      the failure to comply;
                          ``(iii) refer the matter to the Inspector 
                      General of the Department for further 
                      investigation;
                          ``(iv) terminate any payment of grant funds to 
                      be made to the recipient; or
                          ``(v) take such other action as the 
                      Administrator determines appropriate.
                    ``(B) Duration of penalty.--The Administrator shall 
                apply an appropriate penalty under subparagraph (A) 
                until such time as the Administrator determines that the 
                grant recipient is in full compliance with the law and 
                with applicable guidelines or regulations of the 
                Department.

    ``(b) Reports by Grant Recipients.--
            ``(1) Quarterly reports on homeland security spending.--
                    ``(A) In general.--As a condition of receiving a 
                grant under section 2003 or 2004, a State, high-risk 
                urban area, or directly eligible tribe shall, not later 
                than 30 days after the end of each Federal fiscal 
                quarter, submit to the Administrator a report on 
                activities performed using grant funds during that 
                fiscal quarter.
                    ``(B) Contents.--Each report submitted under 
                subparagraph (A) shall at a minimum include, for the 
                applicable State, high-risk urban area, or directly 
                eligible tribe, and each subgrantee thereof--
                          ``(i) the amount obligated to that recipient 
                      under section 2003 or 2004 in that quarter;
                          ``(ii) the amount of funds received and 
                      expended under section 2003 or 2004 by that 
                      recipient in that quarter; and

[[Page 121 STAT. 292]]

                          ``(iii) a summary description of expenditures 
                      made by that recipient using such funds, and the 
                      purposes for which such expenditures were made.
                    ``(C) End-of-year report.--The report submitted 
                under subparagraph (A) by a State, high-risk urban area, 
                or directly eligible tribe relating to the last quarter 
                of any fiscal year shall include--
                          ``(i) the amount and date of receipt of all 
                      funds received under the grant during that fiscal 
                      year;
                          ``(ii) the identity of, and amount provided 
                      to, any subgrantee for that grant during that 
                      fiscal year;
                          ``(iii) the amount and the dates of 
                      disbursements of all such funds expended in 
                      compliance with section 2021(a)(1) or under mutual 
                      aid agreements or other sharing arrangements that 
                      apply within the State, high-risk urban area, or 
                      directly eligible tribe, as applicable, during 
                      that fiscal year; and
                          ``(iv) how the funds were used by each 
                      recipient or subgrantee during that fiscal year.
            ``(2) Annual report.--Any State applying for a grant under 
        section 2004 shall submit to the Administrator annually a State 
        preparedness report, as required by section 652(c) of the Post-
        Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
        752(c)).

    ``(c) Reports by the Administrator.--
            ``(1) Federal preparedness report.--The Administrator shall 
        submit to the appropriate committees of Congress annually the 
        Federal Preparedness Report required under section 652(a) of the 
        Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
        752(a)).
            ``(2) Risk assessment.--
                    ``(A) In general.--For each fiscal year, the 
                Administrator shall provide to the appropriate 
                committees of Congress a detailed and comprehensive 
                explanation of the methodologies used to calculate risk 
                and compute the allocation of funds for grants 
                administered by the Department, including--
                          ``(i) all variables included in the risk 
                      assessment and the weights assigned to each such 
                      variable;
                          ``(ii) an explanation of how each such 
                      variable, as weighted, correlates to risk, and the 
                      basis for concluding there is such a correlation; 
                      and
                          ``(iii) any change in the methodologies from 
                      the previous fiscal year, including changes in 
                      variables considered, weighting of those 
                      variables, and computational methods.
                    ``(B) Classified annex.--The information required 
                under subparagraph (A) shall be provided in unclassified 
                form to the greatest extent possible, and may include a 
                classified annex if necessary.
                    ``(C) Deadline.--For each fiscal year, the 
                information required under subparagraph (A) shall be 
                provided on the earlier of--
                          ``(i) October 31; or
                          ``(ii) 30 days before the issuance of any 
                      program guidance for grants administered by the 
                      Department.

[[Page 121 STAT. 293]]

            ``(3) Tribal funding report.--At the end of each fiscal 
        year, the Administrator shall submit to the appropriate 
        committees of Congress a report setting forth the amount of 
        funding provided during that fiscal year to Indian tribes under 
        any grant program administered by the Department, whether 
        provided directly or through a subgrant from a State or high-
        risk urban area.''.
SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.

    (a) National Advisory Council.--Section 508(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 318(b)) is amended--
            (1) by striking ``The National Advisory'' the first place 
        that term appears and inserting the following:
            ``(1) In general.--The National Advisory''; and
            (2) by adding at the end the following:
            ``(2) Consultation on grants.--To ensure input from and 
        coordination with State, local, and tribal governments and 
        emergency response providers, the Administrator shall regularly 
        consult and work with the National Advisory Council on the 
        administration and assessment of grant programs administered by 
        the Department, including with respect to the development of 
        program guidance and the development and evaluation of risk-
        assessment methodologies, as appropriate.''.

    (b) Evacuation Planning.--Section 512(b)(5)(A) of the Homeland 
Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is amended by inserting 
``, including the elderly'' after ``needs''.
SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT 
                        REFORM ACT OF 2006.

    (a) Funding Efficacy.--Section 652(a)(2) of the Post-Katrina 
Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)(2)) is 
amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) an evaluation of the extent to which grants 
                administered by the Department, including grants under 
                title XX of the Homeland Security Act of 2002--
                          ``(i) have contributed to the progress of 
                      State, local, and tribal governments in achieving 
                      target capabilities; and
                          ``(ii) have led to the reduction of risk from 
                      natural disasters, acts of terrorism, or other 
                      man-made disasters nationally and in State, local, 
                      and tribal jurisdictions.''.

    (b) State Preparedness Report.--Section 652(c)(2)(D) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)(2)(D)) 
is amended by striking ``an assessment of resource needs'' and inserting 
``a discussion of the extent to which target capabilities identified in 
the applicable State homeland security plan and other applicable plans 
remain unmet and an assessment of resources needed''.

[[Page 121 STAT. 294]]

SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended--
            (1) <<NOTE: 6 USC 591.>> by redesignating title XVIII, as 
        added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), 
        as title XIX;
            (2) <<NOTE: 6 USC 591 et seq.>> by redesignating sections 
        1801 through 1806, as added by the SAFE Port Act (Public Law 
        109-347; 120 Stat. 1884), as sections 1901 through 1906, 
        respectively;
            (3) <<NOTE: 6 USC 594.>> in section 1904(a), as so 
        redesignated, by striking ``section 1802'' and inserting 
        ``section 1902'';
            (4) <<NOTE: 6 USC 596.>> in section 1906, as so 
        redesignated, by striking ``section 1802(a)'' each place that 
        term appears and inserting ``section 1902(a)''; and
            (5) in the table of contents in section 1(b), by striking 
        the items relating to title XVIII and sections 1801 through 
        1806, as added by the SAFE Port Act (Public Law 109-347; 120 
        Stat. 1884), and inserting the following:

             ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Mission of Office.
``Sec. 1903. Hiring authority.
``Sec. 1904. Testing authority.
``Sec. 1905. Relationship to other Department entities and Federal 
           agencies.
``Sec. 1906. Contracting and grant making authorities.

                  ``TITLE XX--HOMELAND SECURITY GRANTS

``Sec. 2001. Definitions.

        ``Subtitle A--Grants to States and High-Risk Urban Areas

``Sec. 2002. Homeland Security Grant Programs.
``Sec. 2003. Urban Area Security Initiative.
``Sec. 2004. State Homeland Security Grant Program.
``Sec. 2005. Grants to directly eligible tribes.
``Sec. 2006. Terrorism prevention.
``Sec. 2007. Prioritization.
``Sec. 2008. Use of funds.

                   ``Subtitle B--Grants Administration

``Sec. 2021. Administration and coordination.
``Sec. 2022. Accountability.''.

            TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.

    Section 662 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 762) is amended to read as follows:
``SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

    ``(a) Definitions.--In this section--
            ``(1) the term `program' means the emergency management 
        performance grants program described in subsection (b); and
            ``(2) the term `State' has the meaning given that term in 
        section 102 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5122).

    ``(b) In General.--The Administrator of the Federal Emergency 
Management Agency shall continue implementation of an emergency 
management performance grants program, to make grants

[[Page 121 STAT. 295]]

to States to assist State, local, and tribal governments in preparing 
for all hazards, as authorized by the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
    ``(c) Federal Share.--Except as otherwise specifically provided by 
title VI of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Federal share of the cost 
of an activity carried out using funds made available under the program 
shall not exceed 50 percent.
    ``(d) Apportionment.--For fiscal year 2008, and each fiscal year 
thereafter, the Administrator shall apportion the amounts appropriated 
to carry out the program among the States as follows:
            ``(1) Baseline amount.--
        The <<NOTE: Territories. States.>> Administrator shall first 
        apportion 0.25 percent of such amounts to each of American 
        Samoa, the Commonwealth of the Northern Mariana Islands, Guam, 
        and the Virgin Islands and 0.75 percent of such amounts to each 
        of the remaining States.
            ``(2) Remainder.--The Administrator shall apportion the 
        remainder of such amounts in the ratio that--
                    ``(A) the population of each State; bears to
                    ``(B) the population of all States.

    ``(e) Consistency in Allocation.--Notwithstanding subsection (d), in 
any fiscal year before fiscal year 2013 in which the appropriation for 
grants under this section is equal to or greater than the appropriation 
for emergency management performance grants in fiscal year 2007, no 
State shall receive an amount under this section for that fiscal year 
less than the amount that State received in fiscal year 2007.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the program--
            ``(1) for fiscal year 2008, $400,000,000;
            ``(2) for fiscal year 2009, $535,000,000;
            ``(3) for fiscal year 2010, $680,000,000;
            ``(4) for fiscal year 2011, $815,000,000; and
            ``(5) for fiscal year 2012, $950,000,000.''.
SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.

    Section 614 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196c) is amended to read as follows:
``SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS 
                        CENTERS.

    ``(a) Grants.--The Administrator of the Federal Emergency Management 
Agency may make grants to States under this title for equipping, 
upgrading, and constructing State and local emergency operations 
centers.
    ``(b) Federal Share.--Notwithstanding any other provision of this 
title, the Federal share of the cost of an activity carried out using 
amounts from grants made under this section shall not exceed 75 
percent.''.

[[Page 121 STAT. 296]]

TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.

    (a) Establishment.--Title XVIII of the Homeland Security Act of 2002 
(6 U.S.C. 571 et seq.) is amended by adding at the end the following new 
section:
``SEC. 1809. <<NOTE: 6 USC 579.>> INTEROPERABLE EMERGENCY 
                          COMMUNICATIONS GRANT PROGRAM.

    ``(a) Establishment.--The Secretary shall establish the 
Interoperable Emergency Communications Grant Program to make grants to 
States to carry out initiatives to improve local, tribal, statewide, 
regional, national and, where appropriate, international interoperable 
emergency communications, including communications in collective 
response to natural disasters, acts of terrorism, and other man-made 
disasters.
    ``(b) Policy.--The Director for Emergency Communications shall 
ensure that a grant awarded to a State under this section is consistent 
with the policies established pursuant to the responsibilities and 
authorities of the Office of Emergency Communications under this title, 
including ensuring that activities funded by the grant--
            ``(1) comply with the statewide plan for that State required 
        by section 7303(f) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(f)); and
            ``(2) comply with the National Emergency Communications Plan 
        under section 1802, when completed.

    ``(c) Administration.--
            ``(1) In general.--The Administrator of the Federal 
        Emergency Management Agency shall administer the Interoperable 
        Emergency Communications Grant Program pursuant to the 
        responsibilities and authorities of the Administrator under 
        title V of the Act.
            ``(2) Guidance.--In administering the grant program, the 
        Administrator shall ensure that the use of grants is consistent 
        with guidance established by the Director of Emergency 
        Communications pursuant to section 7303(a)(1)(H) of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C. 194(a)(1)(H)).

    ``(d) Use of Funds.--A State that receives a grant under this 
section shall use the grant to implement that State's Statewide 
Interoperability Plan required under section 7303(f) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)) and 
approved under subsection (e), and to assist with activities determined 
by the Secretary to be integral to interoperable emergency 
communications.
    ``(e) Approval of Plans.--
            ``(1) Approval as condition of grant.--Before a State may 
        receive a grant under this section, the Director of Emergency 
        Communications shall approve the State's Statewide Interoperable 
        Communications Plan required under section

[[Page 121 STAT. 297]]

        7303(f) of the Intelligence Reform and Terrorism Prevention Act 
        of 2004 (6 U.S.C. 194(f)).
            ``(2) Plan requirements.--In approving a plan under this 
        subsection, the Director of Emergency Communications shall 
        ensure that the plan--
                    ``(A) is designed to improve interoperability at the 
                city, county, regional, State and interstate level;
                    ``(B) considers any applicable local or regional 
                plan; and
                    ``(C) complies, to the maximum extent practicable, 
                with the National Emergency Communications Plan under 
                section 1802.
            ``(3) Approval of revisions.--The Director of Emergency 
        Communications may approve revisions to a State's plan if the 
        Director determines that doing so is likely to further 
        interoperability.

    ``(f) Limitations on Uses of Funds.--
            ``(1) In general.--The recipient of a grant under this 
        section may not use the grant--
                    ``(A) to supplant State or local funds;
                    ``(B) for any State or local government cost-sharing 
                contribution; or
                    ``(C) for recreational or social purposes.
            ``(2) Penalties.--In addition to other remedies currently 
        available, the Secretary may take such actions as necessary to 
        ensure that recipients of grant funds are using the funds for 
        the purpose for which they were intended.

    ``(g) Limitations on Award of Grants.--
            ``(1) National emergency communications plan required.--The 
        Secretary may not award a grant under this section before the 
        date on which the Secretary completes and submits to Congress 
        the National Emergency Communications Plan required under 
        section 1802.
            ``(2) Voluntary consensus standards.--The Secretary may not 
        award a grant to a State under this section for the purchase of 
        equipment that does not meet applicable voluntary consensus 
        standards, unless the State demonstrates that there are 
        compelling reasons for such purchase.

    ``(h) Award of Grants.--In approving applications and awarding 
grants under this section, the Secretary shall consider--
            ``(1) the risk posed to each State by natural disasters, 
        acts of terrorism, or other manmade disasters, including--
                    ``(A) the likely need of a jurisdiction within the 
                State to respond to such risk in nearby jurisdictions;
                    ``(B) the degree of threat, vulnerability, and 
                consequences related to critical infrastructure (from 
                all critical infrastructure sectors) or key resources 
                identified by the Administrator or the State homeland 
                security and emergency management plans, including 
                threats to, vulnerabilities of, and consequences from 
                damage to critical infrastructure and key resources in 
                nearby jurisdictions;
                    ``(C) the size of the population and density of the 
                population of the State, including appropriate 
                consideration of military, tourist, and commuter 
                populations;
                    ``(D) whether the State is on or near an 
                international border;

[[Page 121 STAT. 298]]

                    ``(E) whether the State encompasses an economically 
                significant border crossing; and
                    ``(F) whether the State has a coastline bordering an 
                ocean, a major waterway used for interstate commerce, or 
                international waters; and
            ``(2) the anticipated effectiveness of the State's proposed 
        use of grant funds to improve interoperability.

    ``(i) Opportunity to Amend Applications.--In considering 
applications for grants under this section, the Administrator shall 
provide applicants with a reasonable opportunity to correct defects in 
the application, if any, before making final awards.
    ``(j) Minimum Grant Amounts.--
            ``(1) States.--In awarding grants under this section, the 
        Secretary shall ensure that for each fiscal year, except as 
        provided in paragraph (2), no State receives a grant in an 
        amount that is less than the following percentage of the total 
        amount appropriated for grants under this section for that 
        fiscal year:
                    ``(A) For fiscal year 2008, 0.50 percent.
                    ``(B) For fiscal year 2009, 0.50 percent.
                    ``(C) For fiscal year 2010, 0.45 percent.
                    ``(D) For fiscal year 2011, 0.40 percent.
                    ``(E) For fiscal year 2012 and each subsequent 
                fiscal year, 0.35 percent.
            ``(2) Territories and possessions.--In awarding grants under 
        this section, the Secretary shall ensure that for each fiscal 
        year, American Samoa, the Commonwealth of the Northern Mariana 
        Islands, Guam, and the Virgin Islands each receive grants in 
        amounts that are not less than 0.08 percent of the total amount 
        appropriated for grants under this section for that fiscal year.

    ``(k) Certification.--Each State that receives a grant under this 
section shall certify that the grant is used for the purpose for which 
the funds were intended and in compliance with the State's approved 
Statewide Interoperable Communications Plan.
    ``(l) State Responsibilities.--
            ``(1) Availability of funds to local and tribal 
        governments.--Not later <<NOTE: Deadline.>> than 45 days after 
        receiving grant funds, any State that receives a grant under 
        this section shall obligate or otherwise make available to local 
        and tribal governments--
                    ``(A) not less than 80 percent of the grant funds;
                    ``(B) with the consent of local and tribal 
                governments, eligible expenditures having a value of not 
                less than 80 percent of the amount of the grant; or
                    ``(C) grant funds combined with other eligible 
                expenditures having a total value of not less than 80 
                percent of the amount of the grant.
            ``(2) Allocation of funds.--A State that receives a grant 
        under this section shall allocate grant funds to tribal 
        governments in the State to assist tribal communities in 
        improving interoperable communications, in a manner consistent 
        with the Statewide Interoperable Communications Plan. A State 
        may not impose unreasonable or unduly burdensome requirements on 
        a tribal government as a condition of providing grant funds or 
        resources to the tribal government.
            ``(3) Penalties.--If a State violates the requirements of 
        this subsection, in addition to other remedies available to the

[[Page 121 STAT. 299]]

        Secretary, the Secretary may terminate or reduce the amount of 
        the grant awarded to that State or transfer grant funds 
        previously awarded to the State directly to the appropriate 
        local or tribal government.

    ``(m) Reports.--
            ``(1) Annual reports by state grant recipients.--A State 
        that receives a grant under this section shall annually submit 
        to the Director of Emergency Communications a report on the 
        progress of the State in implementing that State's Statewide 
        Interoperable Communications Plans required under section 
        7303(f) of the Intelligence Reform and Terrorism Prevention Act 
        of 2004 (6 U.S.C. 194(f)) and achieving interoperability at the 
        city, county, regional, State, and <<NOTE: Public 
        information.>> interstate levels. The Director shall make the 
        reports publicly available, including by making them available 
        on the Internet website of the Office of Emergency 
        Communications, subject to any redactions that the Director 
        determines are necessary to protect classified or other 
        sensitive information.
            ``(2) Annual reports to congress.--At least once each year, 
        the Director of Emergency Communications shall submit to 
        Congress a report on the use of grants awarded under this 
        section and any progress in implementing Statewide Interoperable 
        Communications Plans and improving interoperability at the city, 
        county, regional, State, and interstate level, as a result of 
        the award of such grants.

    ``(n) Rule of Construction.--Nothing in this section shall be 
construed or interpreted to preclude a State from using a grant awarded 
under this section for interim or long-term Internet Protocol-based 
interoperable solutions.
    ``(o) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
            ``(1) for fiscal year 2008, such sums as may be necessary;
            ``(2) for each of fiscal years 2009 through 2012, 
        $400,000,000; and
            ``(3) for each subsequent fiscal year, such sums as may be 
        necessary.''.

    (b) Clerical Amendment.--The table of contents in section l(b) of 
such Act is amended by inserting after the item relating to section 1808 
the following:

``Sec. 1809. Interoperable Emergency Communications Grant Program.''.

    (c) Interoperable Communications Plans.--Section 7303 of the 
Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 194) 
is amended--
            (1) in subsection (f)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(6) include information on the governance structure used 
        to develop the plan, including such information about all 
        agencies and organizations that participated in developing the 
        plan and the scope and timeframe of the plan; and
            ``(7) describe the method by which multi-jurisdictional, 
        multidisciplinary input is provided from all regions of the 
        jurisdiction, including any high-threat urban areas located in 
        the

[[Page 121 STAT. 300]]

        jurisdiction, and the process for continuing to incorporate such 
        input.'';
            (2) in subsection (g)(1), by striking ``or video'' and 
        inserting ``and video''.

    (d) National Emergency Communications Plan.--Section 1802(c) of the 
Homeland Security Act of <<NOTE: 6 USC 572.>> 2002 (6 U.S.C. 652(c)) is 
amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) set a date, including interim benchmarks, as 
        appropriate, by which State, local, and tribal governments, 
        Federal departments and agencies, and emergency response 
        providers expect to achieve a baseline level of national 
        interoperable communications, as that term is defined under 
        section 7303(g)(1) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(g)(1)).''.
SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

    (a) In General.--Title XVIII of the Homeland Security Act of 2002 (6 
U.S.C. 571 et seq.) is amended by adding at the end the following new 
section:
``SEC. 1810. <<NOTE: 6 USC 580.>> BORDER INTEROPERABILITY 
                          DEMONSTRATION PROJECT.

    ``(a) In General.--
            ``(1) Establishment.--The Secretary, acting through the 
        Director of the Office of Emergency Communications (referred to 
        in this section as the `Director'), and in coordination with the 
        Federal Communications Commission and the Secretary of Commerce, 
        shall establish an International Border Community Interoperable 
        Communications Demonstration Project (referred to in this 
        section as the `demonstration project').
            ``(2) Minimum number of communities.--The Director shall 
        select no fewer than 6 communities to participate in a 
        demonstration project.
            ``(3) Location of communities.--No fewer than 3 of the 
        communities selected under paragraph (2) shall be located on the 
        northern border of the United States and no fewer than 3 of the 
        communities selected under paragraph (2) shall be located on the 
        southern border of the United States.

    ``(b) Conditions.--The Director, in coordination with the Federal 
Communications Commission and the Secretary of Commerce, shall ensure 
that the project is carried out as soon as adequate spectrum is 
available as a result of the 800 megahertz rebanding process in border 
areas, and shall ensure that the border projects do not impair or impede 
the rebanding process, but under no circumstances shall funds be 
distributed under this section unless the Federal Communications 
Commission and the Secretary of Commerce agree that these conditions 
have been met.
    ``(c) Program Requirements.--
Consistent <<NOTE: Canada. Mexico.>> with the responsibilities of the 
Office of Emergency Communications under section 1801, the Director 
shall foster local, tribal, State, and Federal interoperable emergency 
communications, as well as interoperable emergency communications with 
appropriate Canadian and Mexican authorities in the communities selected 
for the demonstration project. The Director shall--

[[Page 121 STAT. 301]]

            ``(1) identify solutions to facilitate interoperable 
        communications across national borders expeditiously;
            ``(2) help ensure that emergency response providers can 
        communicate with each other in the event of natural disasters, 
        acts of terrorism, and other man-made disasters;
            ``(3) provide technical assistance to enable emergency 
        response providers to deal with threats and contingencies in a 
        variety of environments;
            ``(4) identify appropriate joint-use equipment to ensure 
        communications access;
            ``(5) identify solutions to facilitate communications 
        between emergency response providers in communities of differing 
        population densities; and
            ``(6) take other actions or provide equipment as the 
        Director deems appropriate to foster interoperable emergency 
        communications.

    ``(d) Distribution of Funds.--
            ``(1) In general.--The Secretary shall distribute funds 
        under this section to each community participating in the 
        demonstration project through the State, or States, in which 
        each community is located.
            ``(2) Other participants.--A State shall make the funds 
        available promptly to the local and tribal governments and 
        emergency response providers selected by the Secretary to 
        participate in the demonstration project.
            ``(3) Report.--Not later than 90 days after a State receives 
        funds under this subsection the State shall report to the 
        Director on the status of the distribution of such funds to 
        local and tribal governments.

    ``(e) Maximum Period of Grants.--The Director may not fund any 
participant under the demonstration project for more than 3 years.
    ``(f) Transfer of Information and Knowledge.--The Director shall 
establish mechanisms to ensure that the information and knowledge gained 
by participants in the demonstration project are transferred among the 
participants and to other interested parties, including other 
communities that submitted applications to the participant in the 
project.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated for grants under this section such sums as may be 
necessary.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
that Act is amended by inserting after the item relating to section 1809 
the following:

``Sec. 1810. Border interoperability demonstration project.''.

       TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

SEC. 401. DEFINITIONS.

    (a) In General.--Section 501 of the Homeland Security Act of 2002 (6 
U.S.C. 311) is amended--
            (1) by redesignating paragraphs (10) and (11) as paragraphs 
        (12) and (13), respectively;

[[Page 121 STAT. 302]]

            (2) by redesignating paragraphs (4) through (9) as 
        paragraphs (5) through (10), respectively;
            (3) by inserting after paragraph (3) the following:
            ``(4) the terms `credentialed' and `credentialing' mean 
        having provided, or providing, respectively, documentation that 
        identifies personnel and authenticates and verifies the 
        qualifications of such personnel by ensuring that such personnel 
        possess a minimum common level of training, experience, physical 
        and medical fitness, and capability appropriate for a particular 
        position in accordance with standards created under section 
        510;'';
            (4) by inserting after paragraph (10), as so redesignated, 
        the following:
            ``(11) the term `resources' means personnel and major items 
        of equipment, supplies, and facilities available or potentially 
        available for responding to a natural disaster, act of 
        terrorism, or other man-made disaster;'';
            (5) in paragraph (12), as so redesignated, by striking 
        ``and'' at the end;
            (6) in paragraph (13), as so redesignated, by striking the 
        period at the end and inserting ``; and''; and
            (7) by adding at the end the following:
            ``(14) the terms `typed' and `typing' mean having evaluated, 
        or evaluating, respectively, a resource in accordance with 
        standards created under section 510.''.

    (b) Technical and Conforming Amendments.--Section 641 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741) is 
amended--
            (1) by redesignating paragraphs (2) through (10) as 
        paragraphs (3) through (11), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Credentialed; credentialing.--The terms `credentialed' 
        and `credentialing' have the meanings given those terms in 
        section 501 of the Homeland Security Act of 2002 (6 U.S.C. 
        311).''; and
            (3) by adding at the end the following:
            ``(12) Resources.--The term `resources' has the meaning 
        given that term in section 501 of the Homeland Security Act of 
        2002 (6 U.S.C. 311).
            ``(13) Type.--The term `type' means a classification of 
        resources that refers to the capability of a resource.
            ``(14) Typed; typing.--The terms `typed' and `typing' have 
        the meanings given those terms in section 501 of the Homeland 
        Security Act of 2002 (6 U.S.C. 311).''.
SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN.

    Section 648(b)(2)(A) of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended by striking clauses (iv) 
and (v) and inserting the following:
                          ``(iv) designed to provide for the systematic 
                      evaluation of readiness and enhance operational 
                      understanding of the incident command system and 
                      relevant mutual aid agreements;
                          ``(v) designed to address the unique 
                      requirements of populations with special needs, 
                      including the elderly; and

[[Page 121 STAT. 303]]

                          ``(vi) designed to promptly develop after-
                      action reports and plans for quickly incorporating 
                      lessons learned into future operations; and''.
SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.

    Section 648(b)(2)(B) of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 748(b)(2)(B)) is amended by striking ``shall 
provide'' and all that follows through ``of exercises'' and inserting 
the following: ``shall include a selection of model exercises that 
State, local, and tribal governments can readily adapt for use and 
provide assistance to State, local, and tribal governments with the 
design, implementation, and evaluation of exercises (whether a model 
exercise program or an exercise designed locally)''.
SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL 
                        FACILITIES TO STRENGTHEN INCIDENT COMMAND; 
                        PRIVATE SECTOR PREPAREDNESS.

    Section 507(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
317(c)(2)) is amended--
            (1) in subparagraph (H) by striking ``and'' at the end;
            (2) by redesignating subparagraph (I) as subparagraph (K); 
        and
            (3) by inserting after subparagraph (H) the following:
                    ``(I) coordinating with the private sector to help 
                ensure private sector preparedness for natural 
                disasters, acts of terrorism, and other man-made 
                disasters;
                    ``(J) assisting State, local, and tribal 
                governments, where appropriate, to preidentify and 
                evaluate suitable sites where a multijurisdictional 
                incident command system may quickly be established and 
                operated from, if the need for such a system arises; 
                and''.
SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY.

    Section 651 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 751) is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``The inventory'' and inserting ``For each 
                Federal agency with responsibilities under the National 
                Response Plan, the inventory'';
                    (B) in paragraph (1), by striking ``and'' at the 
                end;
                    (C) by redesignating paragraph (2) as paragraph (4); 
                and
                    (D) by inserting after paragraph (1) the following:
            ``(2) a list of personnel credentialed in accordance with 
        section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320);
            ``(3) a list of resources typed in accordance with section 
        510 of the Homeland Security Act of 2002 (6 U.S.C. 320); and''; 
        and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``capabilities, 
                readiness'' and all that follows and inserting the 
                following: ``--
                    ``(A) capabilities;
                    ``(B) readiness;
                    ``(C) the compatibility of equipment;
                    ``(D) credentialed personnel; and
                    ``(E) typed resources;'';

[[Page 121 STAT. 304]]

                    (B) in paragraph (2), by inserting ``of 
                capabilities, credentialed personnel, and typed 
                resources'' after ``rapid deployment''; and
                    (C) in paragraph (3), by striking ``inventories'' 
                and inserting ``the inventory described in subsection 
                (a)''.
SEC. 406. REPORTING REQUIREMENTS.

    Section 652(a)(2) of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 752(a)(2)), as amended by section 103, is further 
amended--
            (1) in subparagraph (C), by striking ``section 651(a);'' and 
        inserting ``section 651, including the number and type of 
        credentialed personnel in each category of personnel trained and 
        ready to respond to a natural disaster, act of terrorism, or 
        other man-made disaster;'';
            (2) in subparagraph (D), by striking ``and'' at the end;
            (3) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(F) a discussion of whether the list of 
                credentialed personnel of the Agency described in 
                section 651(b)(2)--
                          ``(i) complies with the strategic human 
                      capital plan developed under section 10102 of 
                      title 5, United States Code; and
                          ``(ii) is sufficient to respond to a natural 
                      disaster, act of terrorism, or other man-made 
                      disaster, including a catastrophic incident.''.
SEC. 407. FEDERAL PREPAREDNESS.

    Section 653 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 753) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``coordinating, primary, or supporting'';
                    (B) in paragraph (2), by inserting ``, including 
                credentialing of personnel and typing of resources 
                likely needed to respond to a natural disaster, act of 
                terrorism, or other man-made disaster in accordance with 
                section 510 of the Homeland Security Act of 2002 (6 
                U.S.C. 320)'' before the semicolon at the end;
                    (C) in paragraph (3), by striking ``and'' at the 
                end;
                    (D) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(5) regularly updates, verifies the accuracy of, and 
        provides to the Administrator the information in the inventory 
        required under section 651.''; and
            (2) in subsection (d)--
                    (A) by inserting ``to the Committee on Homeland 
                Security and Governmental Affairs of the Senate and the 
                Committee on Homeland Security and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives'' after ``The President shall certify''; 
                and
                    (B) by striking ``coordinating, primary, or 
                supporting''.
SEC. 408. CREDENTIALING AND TYPING.

    Section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320) is 
amended--

[[Page 121 STAT. 305]]

            (1) by striking ``The Administrator'' and inserting the 
        following:

    ``(a) In General.--The Administrator'';
            (2) in subsection (a), as so designated, by striking 
        ``credentialing of personnel and typing of'' and inserting ``for 
        credentialing and typing of incident management personnel, 
        emergency response providers, and other personnel (including 
        temporary personnel) and''; and
            (3) by adding at the end the following:

    ``(b) Distribution.--
            ``(1) In general.--Not <<NOTE: Deadline. Guidance.>> later 
        than 1 year after the date of enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, the 
        Administrator shall provide the standards developed under 
        subsection (a), including detailed written guidance, to--
                    ``(A) each Federal agency that has responsibilities 
                under the National Response Plan to aid that agency with 
                credentialing and typing incident management personnel, 
                emergency response providers, and other personnel 
                (including temporary personnel) and resources likely 
                needed to respond to a natural disaster, act of 
                terrorism, or other man-made disaster; and
                    ``(B) State, local, and tribal governments, to aid 
                such governments with credentialing and typing of State, 
                local, and tribal incident management personnel, 
                emergency response providers, and other personnel 
                (including temporary personnel) and resources likely 
                needed to respond to a natural disaster, act of 
                terrorism, or other man-made disaster.
            ``(2) Assistance.--The Administrator shall provide expertise 
        and technical assistance to aid Federal, State, local, and 
        tribal government agencies with credentialing and typing 
        incident management personnel, emergency response providers, and 
        other personnel (including temporary personnel) and resources 
        likely needed to respond to a natural disaster, act of 
        terrorism, or other man-made disaster.

    ``(c) Credentialing and Typing of Personnel.--
Not <<NOTE: Deadline.>> later than 6 months after receiving the 
standards provided under subsection (b), each Federal agency with 
responsibilities under the National Response Plan shall ensure that 
incident management personnel, emergency response providers, and other 
personnel (including temporary personnel) and resources likely needed to 
respond to a natural disaster, act of terrorism, or other manmade 
disaster are credentialed and typed in accordance with this section.

    ``(d) Consultation on Health Care Standards.--In developing 
standards for credentialing health care professionals under this 
section, the Administrator shall consult with the Secretary of Health 
and Human Services.''.
SEC. 409. MODEL STANDARDS AND GUIDELINES FOR CRITICAL 
                        INFRASTRUCTURE WORKERS.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following:

[[Page 121 STAT. 306]]

``SEC. 522. <<NOTE: 6 USC 321k.>> MODEL STANDARDS AND GUIDELINES 
                        FOR CRITICAL INFRASTRUCTURE WORKERS.

    ``(a) In General.--Not <<NOTE: Deadline.>> later than 12 months 
after the date of enactment of the Implementing Recommendations of the 
9/11 Commission Act of 2007, and in coordination with appropriate 
national professional organizations, Federal, State, local, and tribal 
government agencies, and private-sector and nongovernmental entities, 
the Administrator shall establish model standards and guidelines for 
credentialing critical infrastructure workers that may be used by a 
State to credential critical infrastructure workers that may respond to 
a natural disaster, act of terrorism, or other man-made disaster.

    ``(b) Distribution and Assistance.--The Administrator shall provide 
the standards developed under subsection (a), including detailed written 
guidance, to State, local, and tribal governments, and provide expertise 
and technical assistance to aid such governments with credentialing 
critical infrastructure workers that may respond to a natural disaster, 
act of terrorism, or other manmade disaster.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is 
amended by inserting after the item relating to section 521 the 
following:

``Sec. 522. Model standards and guidelines for critical infrastructure 
           workers.''.

SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as necessary to 
carry out this title and the amendments made by this title.

   TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE 
    FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

      Subtitle A--Homeland Security Information Sharing Enhancement

SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION 
                        SHARING.

    (a) Advisory System and Information Sharing.--
            (1) In general.--Subtitle A of title II of the Homeland 
        Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding 
        at the end the following:
``SEC. 203. <<NOTE: 6 USC 124.>> HOMELAND SECURITY ADVISORY 
                        SYSTEM.

    ``(a) Requirement.--The Secretary shall administer the Homeland 
Security Advisory System in accordance with this section to provide 
advisories or warnings regarding the threat or risk that acts of 
terrorism will be committed on the homeland to Federal, State, local, 
and tribal government authorities and to the people of the United 
States, as appropriate. The Secretary shall exercise primary 
responsibility for providing such advisories or warnings.

[[Page 121 STAT. 307]]

    ``(b) Required Elements.--In administering the Homeland Security 
Advisory System, the Secretary shall--
            ``(1) <<NOTE: Criteria.>> establish criteria for the 
        issuance and revocation of such advisories or warnings;
            ``(2) develop a methodology, relying on the criteria 
        established under paragraph (1), for the issuance and revocation 
        of such advisories or warnings;
            ``(3) provide, in each such advisory or warning, specific 
        information and advice regarding appropriate protective measures 
        and countermeasures that may be taken in response to the threat 
        or risk, at the maximum level of detail practicable to enable 
        individuals, government entities, emergency response providers, 
        and the private sector to act appropriately;
            ``(4) whenever possible, limit the scope of each such 
        advisory or warning to a specific region, locality, or economic 
        sector believed to be under threat or at risk; and
            ``(5) not, in issuing any advisory or warning, use color 
        designations as the exclusive means of specifying homeland 
        security threat conditions that are the subject of the advisory 
        or warning.
``SEC. 204. <<NOTE: 6 USC 124a.>> HOMELAND SECURITY INFORMATION 
                        SHARING.

    ``(a) Information Sharing.--Consistent with section 1016 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), 
the Secretary, acting through the Under Secretary for Intelligence and 
Analysis, shall integrate the information and standardize the format of 
the products of the intelligence components of the Department containing 
homeland security information, terrorism information, weapons of mass 
destruction information, or national intelligence (as defined in section 
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))) except 
for any internal security protocols or personnel information of such 
intelligence components, or other administrative processes that are 
administered by any chief security officer of the Department.
    ``(b) Information Sharing and Knowledge Management Officers.--For 
each intelligence component of the Department, the Secretary shall 
designate an information sharing and knowledge management officer who 
shall report to the Under Secretary for Intelligence and Analysis 
regarding coordinating the different systems used in the Department to 
gather and disseminate homeland security information or national 
intelligence (as defined in section 3(5) of the National Security Act of 
1947 (50 U.S.C. 401a(5))).
    ``(c) State, Local, and Private-Sector Sources of Information.--
            ``(1) Establishment of business processes.--The Secretary, 
        acting through the Under Secretary for Intelligence and Analysis 
        or the Assistant Secretary for Infrastructure Protection, as 
        appropriate, shall--
                    ``(A) <<NOTE: Procedures.>> establish Department-
                wide procedures for the review and analysis of 
                information provided by State, local, and tribal 
                governments and the private sector;
                    ``(B) as appropriate, integrate such information 
                into the information gathered by the Department and 
                other departments and agencies of the Federal 
                Government; and
                    ``(C) make available such information, as 
                appropriate, within the Department and to other 
                departments and agencies of the Federal Government.

[[Page 121 STAT. 308]]

            ``(2) Feedback.--The Secretary shall develop mechanisms to 
        provide feedback regarding the analysis and utility of 
        information provided by any entity of State, local, or tribal 
        government or the private sector that provides such information 
        to the Department.

    ``(d) Training and Evaluation of Employees.--
            ``(1) Training.--The Secretary, acting through the Under 
        Secretary for Intelligence and Analysis or the Assistant 
        Secretary for Infrastructure Protection, as appropriate, shall 
        provide to employees of the Department opportunities for 
        training and education to develop an understanding of--
                    ``(A) the definitions of homeland security 
                information and national intelligence (as defined in 
                section 3(5) of the National Security Act of 1947 (50 
                U.S.C. 401a(5))); and
                    ``(B) how information available to such employees as 
                part of their duties--
                          ``(i) might qualify as homeland security 
                      information or national intelligence; and
                          ``(ii) might be relevant to the Office of 
                      Intelligence and Analysis and the intelligence 
                      components of the Department.
            ``(2) Evaluations.--The Under Secretary for Intelligence and 
        Analysis shall--
                    ``(A) on an ongoing basis, evaluate how employees of 
                the Office of Intelligence and Analysis and the 
                intelligence components of the Department are utilizing 
                homeland security information or national intelligence, 
                sharing information within the Department, as described 
                in this title, and participating in the information 
                sharing environment established under section 1016 of 
                the Intelligence Reform and Terrorism Prevention Act of 
                2004 (6 U.S.C. 485); and
                    ``(B) <<NOTE: Reports.>> provide to the appropriate 
                component heads regular reports regarding the 
                evaluations under subparagraph (A).
``SEC. 205. <<NOTE: 6 USC 124b.>> COMPREHENSIVE INFORMATION 
                        TECHNOLOGY NETWORK ARCHITECTURE.

    ``(a) Establishment.--The Secretary, acting through the Under 
Secretary for Intelligence and Analysis, shall establish, consistent 
with the policies and procedures developed under section 1016 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), 
and consistent with the enterprise architecture of the Department, a 
comprehensive information technology network architecture for the Office 
of Intelligence and Analysis that connects the various databases and 
related information technology assets of the Office of Intelligence and 
Analysis and the intelligence components of the Department in order to 
promote internal information sharing among the intelligence and other 
personnel of the Department.
    ``(b) Comprehensive Information Technology Network Architecture 
Defined.--The term `comprehensive information technology network 
architecture' means an integrated framework for evolving or maintaining 
existing information technology and acquiring new information technology 
to achieve the strategic management and information resources management 
goals of the Office of Intelligence and Analysis.

[[Page 121 STAT. 309]]

``SEC. 206. <<NOTE: 6 USC 124c.>> COORDINATION WITH INFORMATION 
                        SHARING ENVIRONMENT.

    ``(a) Guidance.--All activities to comply with sections 203, 204, 
and 205 shall be--
            ``(1) consistent with any policies, guidelines, procedures, 
        instructions, or standards established under section 1016 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C. 485);
            ``(2) implemented in coordination with, as appropriate, the 
        program manager for the information sharing environment 
        established under that section;
            ``(3) consistent with any applicable guidance issued by the 
        Director of National Intelligence; and
            ``(4) consistent with any applicable guidance issued by the 
        Secretary relating to the protection of law enforcement 
        information or proprietary information.

    ``(b) Consultation.--In carrying out the duties and responsibilities 
under this subtitle, the Under Secretary for Intelligence and Analysis 
shall take into account the views of the heads of the intelligence 
components of the Department.''.
            (2) Technical and conforming amendments.--
                    (A) In general.--Section 201(d) of the Homeland 
                Security Act of 2002 (6 U.S.C. 121(d)) is amended--
                          (i) by striking paragraph (7); and
                          (ii) by redesignating paragraphs (8) through 
                      (19) as paragraphs (7) through (18), respectively.
                    (B) Table of contents.--The table of contents in 
                section 1(b) of the Homeland Security Act of 2002 (6 
                U.S.C. 101 et seq.) is amended by inserting after the 
                item relating to section 202 the following:

``Sec. 203. Homeland Security Advisory System.
``Sec. 204. Homeland security information sharing.
``Sec. 205. Comprehensive information technology network architecture.
``Sec. 206. Coordination with information sharing environment.''.

    (b) Office of Intelligence and Analysis and Office of Infrastructure 
Protection.--Section 201(d) of the Homeland Security Act of 2002 (6 
U.S.C. 121(d)) is amended--
            (1) in paragraph (1), by inserting ``, in support of the 
        mission responsibilities of the Department and the functions of 
        the National Counterterrorism Center established under section 
        119 of the National Security Act of 1947 (50 U.S.C. 404o),'' 
        after ``and to integrate such information''; and
            (2) by striking paragraph (7), as redesignated by subsection 
        (a)(2)(A)(ii) of this section, and inserting the following:
            ``(7) To review, analyze, and make recommendations for 
        improvements to the policies and procedures governing the 
        sharing of information within the scope of the information 
        sharing environment established under section 1016 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C. 485), including homeland security information, terrorism 
        information, and weapons of mass destruction information, and 
        any policies, guidelines, procedures, instructions, or standards 
        established under that section.''.

    (c) Report on Comprehensive Information Technology Network 
Architecture.--Not later than 120 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security and Governmental

[[Page 121 STAT. 310]]

Affairs of the Senate and the Committee on Homeland Security of the 
House of Representatives a report on the progress of the Secretary in 
developing the comprehensive information technology network architecture 
required under section 205 of the Homeland Security Act of 2002, as 
added by subsection (a). The report shall include--
            (1) a description of the priorities for the development of 
        the comprehensive information technology network architecture 
        and a rationale for such priorities;
            (2) an explanation of how the various components of the 
        comprehensive information technology network architecture will 
        work together and interconnect;
            (3) a description of the technological challenges that the 
        Secretary expects the Office of Intelligence and Analysis will 
        face in implementing the comprehensive information technology 
        network architecture;
            (4) a description of the technological options that are 
        available or are in development that may be incorporated into 
        the comprehensive information technology network architecture, 
        the feasibility of incorporating such options, and the 
        advantages and disadvantages of doing so;
            (5) an explanation of any security protections to be 
        developed as part of the comprehensive information technology 
        network architecture;
            (6) a description of safeguards for civil liberties and 
        privacy to be built into the comprehensive information 
        technology network architecture; and
            (7) an operational best practices plan.
SEC. 502. INTELLIGENCE COMPONENT DEFINED.

    (a) In General.--Section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101) is amended--
            (1) by redesignating paragraphs (9) through (16) as 
        paragraphs (10) through (17), respectively; and
            (2) by inserting after paragraph (8) the following:
            ``(9) The term `intelligence component of the Department' 
        means any element or entity of the Department that collects, 
        gathers, processes, analyzes, produces, or disseminates 
        intelligence information within the scope of the information 
        sharing environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, or national intelligence, as defined under section 
        3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), 
        except--
                    ``(A) the United States Secret Service; and
                    ``(B) the Coast Guard, when operating under the 
                direct authority of the Secretary of Defense or 
                Secretary of the Navy pursuant to section 3 of title 14, 
                United States Code, except that nothing in this 
                paragraph shall affect or diminish the authority and 
                responsibilities of the Commandant of the Coast Guard to 
                command or control the Coast Guard as an armed force or 
                the authority of the Director of National Intelligence 
                with respect to the Coast Guard as an element of the 
                intelligence community (as defined under section 3(4) of 
                the National Security Act of 1947 (50 U.S.C. 
                401a(4)).''.

[[Page 121 STAT. 311]]

    (b) Receipt of <<NOTE: 6 USC 124a note.>> Information From United 
States Secret Service.--
            (1) In general.--The Under Secretary for Intelligence and 
        Analysis shall receive from the United States Secret Service 
        homeland security information, terrorism information, weapons of 
        mass destruction information (as these terms are defined in 
        Section 1016 of the Intelligence Reform and Terrorism Prevention 
        Act of 2004 (6 U.S.C. 485)), or national intelligence, as 
        defined in Section 3(5) of the National Security Act of 1947 (50 
        U.S.C. 401a(5)), as well as suspect information obtained in 
        criminal investigations. The United States Secret Service shall 
        cooperate with the Under Secretary for Intelligence and Analysis 
        with respect to activities under sections 204 and 205 of the 
        Homeland Security Act of 2002.
            (2) Savings clause.--Nothing in this Act shall interfere 
        with the operation of Section 3056(g) of Title 18, United States 
        Code, or with the authority of the Secretary of Homeland 
        Security or the Director of the United States Secret Service 
        regarding the budget of the United States Secret Service.

    (c) Technical and Conforming Amendments.--
            (1) Homeland security act of 2002.--Paragraph (13) of 
        section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311), 
        as redesignated by section 401, is amended by striking ``section 
        2(10)(B)'' and inserting ``section 2(11)(B)''.
            (2) Other law.--Section 712(a) of title 14, United States 
        Code, is amended by striking ``section 2(15) of the Homeland 
        Security Act of 2002 (6 U.S.C. 101(15))'' and inserting 
        ``section 2(16) of the Homeland Security Act of 2002 (6 U.S.C. 
        101(16))''.
SEC. 503. ROLE OF INTELLIGENCE COMPONENTS, TRAINING, AND 
                        INFORMATION SHARING.

    (a) In General.--Subtitle A of title II of the Homeland Security Act 
of 2002 is further amended by adding at the end the following:
``SEC. 207. <<NOTE: 6 USC 124d.>> INTELLIGENCE COMPONENTS.

    ``Subject to the direction and control of the Secretary, and 
consistent with any applicable guidance issued by the Director of 
National Intelligence, the responsibilities of the head of each 
intelligence component of the Department are as follows:
            ``(1) To ensure that the collection, processing, analysis, 
        and dissemination of information within the scope of the 
        information sharing environment, including homeland security 
        information, terrorism information, weapons of mass destruction 
        information, and national intelligence (as defined in section 
        3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))), 
        are carried out effectively and efficiently in support of the 
        intelligence mission of the Department, as led by the Under 
        Secretary for Intelligence and Analysis.
            ``(2) To otherwise support and implement the intelligence 
        mission of the Department, as led by the Under Secretary for 
        Intelligence and Analysis.
            ``(3) To incorporate the input of the Under Secretary for 
        Intelligence and Analysis with respect to performance 
        appraisals, bonus or award recommendations, pay adjustments, and 
        other forms of commendation.
            ``(4) To coordinate with the Under Secretary for 
        Intelligence and Analysis in developing policies and 
        requirements for the

[[Page 121 STAT. 312]]

        recruitment and selection of intelligence officials of the 
        intelligence component.
            ``(5) To advise and coordinate with the Under Secretary for 
        Intelligence and Analysis on any plan to reorganize or 
        restructure the intelligence component that would, if 
        implemented, result in realignments of intelligence functions.
            ``(6) To ensure that employees of the intelligence component 
        have knowledge of, and comply with, the programs and policies 
        established by the Under Secretary for Intelligence and Analysis 
        and other appropriate officials of the Department and that such 
        employees comply with all applicable laws and regulations.
            ``(7) To perform such other activities relating to such 
        responsibilities as the Secretary may provide.
``SEC. 208. <<NOTE: 6 USC 124e.>> TRAINING FOR EMPLOYEES OF 
                        INTELLIGENCE COMPONENTS.

    ``The Secretary shall provide training and guidance for employees, 
officials, and senior executives of the intelligence components of the 
Department to develop knowledge of laws, regulations, operations, 
policies, procedures, and programs that are related to the functions of 
the Department relating to the collection, processing, analysis, and 
dissemination of information within the scope of the information sharing 
environment, including homeland security information, terrorism 
information, and weapons of mass destruction information, or national 
intelligence (as defined in section 3(5) of the National Security Act of 
1947 (50 U.S.C. 401a(5))).
``SEC. 209. <<NOTE: 6 USC 124f.>> INTELLIGENCE TRAINING 
                        DEVELOPMENT FOR STATE AND LOCAL GOVERNMENT 
                        OFFICIALS.

    ``(a) Curriculum.--The Secretary, acting through the Under Secretary 
for Intelligence and Analysis, shall--
            ``(1) develop a curriculum for training State, local, and 
        tribal government officials, including law enforcement officers, 
        intelligence analysts, and other emergency response providers, 
        in the intelligence cycle and Federal laws, practices, and 
        regulations regarding the development, handling, and review of 
        intelligence and other information; and
            ``(2) ensure that the curriculum includes executive level 
        training for senior level State, local, and tribal law 
        enforcement officers, intelligence analysts, and other emergency 
        response providers.

    ``(b) Training.--To the extent possible, the Federal Law Enforcement 
Training Center and other existing Federal entities with the capacity 
and expertise to train State, local, and tribal government officials 
based on the curriculum developed under subsection (a) shall be used to 
carry out the training programs created under this section. If such 
entities do not have the capacity, resources, or capabilities to conduct 
such training, the Secretary may approve another entity to conduct such 
training.
    ``(c) Consultation.--In carrying out the duties described in 
subsection (a), the Under Secretary for Intelligence and Analysis shall 
consult with the Director of the Federal Law Enforcement Training 
Center, the Attorney General, the Director of National Intelligence, the 
Administrator of the Federal Emergency Management Agency, and other 
appropriate parties, such as private industry, institutions of higher 
education, nonprofit institutions, and other intelligence agencies of 
the Federal Government.

[[Page 121 STAT. 313]]

``SEC. 210. <<NOTE: 6 USC 124g.>> INFORMATION SHARING INCENTIVES.

    ``(a) Awards.--In making cash awards under chapter 45 of title 5, 
United States Code, the President or the head of an agency, in 
consultation with the program manager designated under section 1016 of 
the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
485), may consider the success of an employee in appropriately sharing 
information within the scope of the information sharing environment 
established under that section, including homeland security information, 
terrorism information, and weapons of mass destruction information, or 
national intelligence (as defined in section 3(5) of the National 
Security Act of 1947 (50 U.S.C. 401a(5)), in a manner consistent with 
any policies, guidelines, procedures, instructions, or standards 
established by the President or, as appropriate, the program manager of 
that environment for the implementation and management of that 
environment.
    ``(b) Other Incentives.--The head of each department or agency 
described in section 1016(i) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation with the 
program manager designated under section 1016 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall adopt best 
practices regarding effective ways to educate and motivate officers and 
employees of the Federal Government to participate fully in the 
information sharing environment, including--
            ``(1) promotions and other nonmonetary awards; and
            ``(2) publicizing information sharing accomplishments by 
        individual employees and, where appropriate, the tangible end 
        benefits that resulted.''.

    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended 
further by inserting after the item relating to section 206 the 
following:

``Sec. 207. Intelligence components.
``Sec. 208. Training for employees of intelligence components.
``Sec. 209. Intelligence training development for State and local 
           government officials.
``Sec. 210. Information sharing incentives.''.

SEC. 504. INFORMATION SHARING.

    Section 1016 of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (6 U.S.C. 485) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) through (4) as 
                paragraphs (2) through (5), respectively;
                    (B) by inserting before paragraph (2), as so 
                redesignated, the following:
            ``(1) Homeland security information.--The term `homeland 
        security information' has the meaning given that term in section 
        892(f) of the Homeland Security Act of 2002 (6 U.S.C. 
        482(f)).'';
                    (C) by striking paragraph (3), as so redesignated, 
                and inserting the following:
            ``(3) Information sharing environment.--The terms 
        `information sharing environment' and `ISE' mean an approach 
        that facilitates the sharing of terrorism and homeland security 
        information, which may include any method determined necessary 
        and appropriate for carrying out this section.'';

[[Page 121 STAT. 314]]

                    (D) by striking paragraph (5), as so redesignated, 
                and inserting the following:
            ``(5) Terrorism information.--The term `terrorism 
        information'--
                    ``(A) means all information, whether collected, 
                produced, or distributed by intelligence, law 
                enforcement, military, homeland security, or other 
                activities relating to--
                          ``(i) the existence, organization, 
                      capabilities, plans, intentions, vulnerabilities, 
                      means of finance or material support, or 
                      activities of foreign or international terrorist 
                      groups or individuals, or of domestic groups or 
                      individuals involved in transnational terrorism;
                          ``(ii) threats posed by such groups or 
                      individuals to the United States, United States 
                      persons, or United States interests, or to those 
                      of other nations;
                          ``(iii) communications of or by such groups or 
                      individuals; or
                          ``(iv) groups or individuals reasonably 
                      believed to be assisting or associated with such 
                      groups or individuals; and
                    ``(B) includes weapons of mass destruction 
                information.''; and
                    (E) by adding at the end the following:
            ``(6) Weapons of mass destruction information.--The term 
        `weapons of mass destruction information' means information that 
        could reasonably be expected to assist in the development, 
        proliferation, or use of a weapon of mass destruction (including 
        a chemical, biological, radiological, or nuclear weapon) that 
        could be used by a terrorist or a terrorist organization against 
        the United States, including information about the location of 
        any stockpile of nuclear materials that could be exploited for 
        use in such a weapon that could be used by a terrorist or a 
        terrorist organization against the United States.'';
            (2) in subsection (b)(2)--
                    (A) in subparagraph (H), by striking ``and'' at the 
                end;
                    (B) in subparagraph (I), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(J) integrates the information within the scope of 
                the information sharing environment, including any such 
                information in legacy technologies;
                    ``(K) integrates technologies, including all legacy 
                technologies, through Internet-based services, 
                consistent with appropriate security protocols and 
                safeguards, to enable connectivity among required users 
                at the Federal, State, and local levels;
                    ``(L) allows the full range of analytic and 
                operational activities without the need to centralize 
                information within the scope of the information sharing 
                environment;
                    ``(M) permits analysts to collaborate both 
                independently and in a group (commonly known as 
                `collective and noncollective collaboration'), and 
                across multiple levels of national security information 
                and controlled unclassified information;
                    ``(N) provides a resolution process that enables 
                changes by authorized officials regarding rules and 
                policies for the

[[Page 121 STAT. 315]]

                access, use, and retention of information within the 
                scope of the information sharing environment; and
                    ``(O) incorporates continuous, real-time, and 
                immutable audit capabilities, to the maximum extent 
                practicable.'';
            (3) in subsection (f)--
                    (A) in paragraph (1)--
                          (i) by striking ``during the two-year period 
                      beginning on the date of designation under this 
                      paragraph unless sooner removed from service and 
                      replaced'' and inserting ``until removed from 
                      service or replaced''; and
                          (ii) by striking ``The program manager shall 
                      have and exercise governmentwide authority.'' and 
                      inserting ``The program manager, in consultation 
                      with the head of any affected department or 
                      agency, shall have and exercise governmentwide 
                      authority over the sharing of information within 
                      the scope of the information sharing environment, 
                      including homeland security information, terrorism 
                      information, and weapons of mass destruction 
                      information, by all Federal departments, agencies, 
                      and components, irrespective of the Federal 
                      department, agency, or component in which the 
                      program manager may be administratively located, 
                      except as otherwise expressly provided by law.''; 
                      and
                    (B) in paragraph (2)(A)--
                          (i) by redesignating clause (iii) as clause 
                      (v); and
                          (ii) by striking clause (ii) and inserting the 
                      following:
                          ``(ii) assist in the development of policies, 
                      as appropriate, to foster the development and 
                      proper operation of the ISE;
                          ``(iii) consistent with the direction and 
                      policies issued by the President, the Director of 
                      National Intelligence, and the Director of the 
                      Office of Management and Budget, issue 
                      governmentwide procedures, guidelines, 
                      instructions, and functional standards, as 
                      appropriate, for the management, development, and 
                      proper operation of the ISE;
                          ``(iv) identify and resolve information 
                      sharing disputes between Federal departments, 
                      agencies, and components; and'';
            (4) in subsection (g)--
                    (A) in paragraph (1), by striking ``during the two-
                year period beginning on the date of the initial 
                designation of the program manager by the President 
                under subsection (f)(1), unless sooner removed from 
                service and replaced'' and inserting ``until removed 
                from service or replaced'';
                    (B) in paragraph (2)--
                          (i) in subparagraph (F), by striking ``and'' 
                      at the end;
                          (ii) by redesignating subparagraph (G) as 
                      subparagraph (I); and
                          (iii) by inserting after subparagraph (F) the 
                      following:
                    ``(G) assist the program manager in identifying and 
                resolving information sharing disputes between Federal 
                departments, agencies, and components;

[[Page 121 STAT. 316]]

                    ``(H) identify appropriate personnel for assignment 
                to the program manager to support staffing needs 
                identified by the program manager; and'';
                    (C) in paragraph (4), by inserting ``(including any 
                subsidiary group of the Information Sharing Council)'' 
                before ``shall not be subject''; and
                    (D) by adding at the end the following:
            ``(5) Detailees.--Upon a request by the Director of National 
        Intelligence, the departments and agencies represented on the 
        Information Sharing Council shall detail to the program manager, 
        on a reimbursable basis, appropriate personnel identified under 
        paragraph (2)(H).'';
            (5) in subsection (h)(1), by striking ``and annually 
        thereafter'' and inserting ``and not later than June 30 of each 
        year thereafter''; and
            (6) by striking subsection (j) and inserting the following:

    ``(j) Report on the Information Sharing Environment.--
            ``(1) In general.--Not <<NOTE: President.>> later than 180 
        days after the date of enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, the 
        President shall report to the Committee on Homeland Security and 
        Governmental Affairs of the Senate, the Select Committee on 
        Intelligence of the Senate, the Committee on Homeland Security 
        of the House of Representatives, and the Permanent Select 
        Committee on Intelligence of the House of Representatives on the 
        feasibility of--
                    ``(A) eliminating the use of any marking or process 
                (including `Originator Control') intended to, or having 
                the effect of, restricting the sharing of information 
                within the scope of the information sharing environment, 
                including homeland security information, terrorism 
                information, and weapons of mass destruction 
                information, between and among participants in the 
                information sharing environment, unless the President 
                has--
                          ``(i) specifically exempted categories of 
                      information from such elimination; and
                          ``(ii) reported that exemption to the 
                      committees of Congress described in the matter 
                      preceding this subparagraph; and
                    ``(B) continuing to use Federal agency standards in 
                effect on such date of enactment for the collection, 
                sharing, and access to information within the scope of 
                the information sharing environment, including homeland 
                security information, terrorism information, and weapons 
                of mass destruction information, relating to citizens 
                and lawful permanent residents;
                    ``(C) replacing the standards described in 
                subparagraph (B) with a standard that would allow 
                mission-based or threat-based permission to access or 
                share information within the scope of the information 
                sharing environment, including homeland security 
                information, terrorism information, and weapons of mass 
                destruction information, for a particular purpose that 
                the Federal Government, through an appropriate process 
                established in consultation with the Privacy and Civil 
                Liberties Oversight Board established under section 
                1061, has determined to be lawfully

[[Page 121 STAT. 317]]

                permissible for a particular agency, component, or 
                employee (commonly known as an `authorized use' 
                standard); and
                    ``(D) the use of anonymized data by Federal 
                departments, agencies, or components collecting, 
                possessing, disseminating, or handling information 
                within the scope of the information sharing environment, 
                including homeland security information, terrorism 
                information, and weapons of mass destruction 
                information, in any cases in which--
                          ``(i) the use of such information is 
                      reasonably expected to produce results materially 
                      equivalent to the use of information that is 
                      transferred or stored in a non-anonymized form; 
                      and
                          ``(ii) such use is consistent with any mission 
                      of that department, agency, or component 
                      (including any mission under a Federal statute or 
                      directive of the President) that involves the 
                      storage, retention, sharing, or exchange of 
                      personally identifiable information.
            ``(2) Definition.--In this subsection, the term `anonymized 
        data' means data in which the individual to whom the data 
        pertains is not identifiable with reasonable efforts, including 
        information that has been encrypted or hidden through the use of 
        other technology.

    ``(k) Additional Positions.--The program manager is authorized to 
hire not more than 40 full-time employees to assist the program manager 
in--
            ``(1) activities associated with the implementation of the 
        information sharing environment, including--
                    ``(A) implementing the requirements under subsection 
                (b)(2); and
                    ``(B) any additional implementation initiatives to 
                enhance and expedite the creation of the information 
                sharing environment; and
            ``(2) identifying and resolving information sharing disputes 
        between Federal departments, agencies, and components under 
        subsection (f)(2)(A)(iv).

    ``(l) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for each of fiscal 
years 2008 and 2009.''.

     Subtitle B--Homeland Security Information Sharing Partnerships

SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND 
                        REGIONAL FUSION CENTER INITIATIVE.

    (a) In General.--Subtitle A of title II of the Homeland Security Act 
of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the end 
the following:
``SEC. 210A. <<NOTE: 6 USC 124h.>> DEPARTMENT OF HOMELAND SECURITY 
                          STATE, LOCAL, AND REGIONAL FUSION CENTER 
                          INITIATIVE.

    ``(a) Establishment.--The Secretary, in consultation with the 
program manager of the information sharing environment established under 
section 1016 of the Intelligence Reform and Terrorism Prevention Act of 
2004 (6 U.S.C. 485), the Attorney General, the Privacy Officer of the 
Department, the Officer for Civil Rights

[[Page 121 STAT. 318]]

and Civil Liberties of the Department, and the Privacy and Civil 
Liberties Oversight Board established under section 1061 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 
note), shall establish a Department of Homeland Security State, Local, 
and Regional Fusion Center Initiative to establish partnerships with 
State, local, and regional fusion centers.
    ``(b) Department Support and Coordination.--Through the Department 
of Homeland Security State, Local, and Regional Fusion Center 
Initiative, and in coordination with the principal officials of 
participating State, local, or regional fusion centers and the officers 
designated as the Homeland Security Advisors of the States, the 
Secretary shall--
            ``(1) provide operational and intelligence advice and 
        assistance to State, local, and regional fusion centers;
            ``(2) support efforts to include State, local, and regional 
        fusion centers into efforts to establish an information sharing 
        environment;
            ``(3) conduct tabletop and live training exercises to 
        regularly assess the capability of individual and regional 
        networks of State, local, and regional fusion centers to 
        integrate the efforts of such networks with the efforts of the 
        Department;
            ``(4) coordinate with other relevant Federal entities 
        engaged in homeland security-related activities;
            ``(5) provide analytic and reporting advice and assistance 
        to State, local, and regional fusion centers;
            ``(6) review information within the scope of the information 
        sharing environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, that is gathered by State, local, and regional 
        fusion centers, and to incorporate such information, as 
        appropriate, into the Department's own such information;
            ``(7) provide management assistance to State, local, and 
        regional fusion centers;
            ``(8) serve as a point of contact to ensure the 
        dissemination of information within the scope of the information 
        sharing environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information;
            ``(9) facilitate close communication and coordination 
        between State, local, and regional fusion centers and the 
        Department;
            ``(10) provide State, local, and regional fusion centers 
        with expertise on Department resources and operations;
            ``(11) provide training to State, local, and regional fusion 
        centers and encourage such fusion centers to participate in 
        terrorism threat-related exercises conducted by the Department; 
        and
            ``(12) carry out such other duties as the Secretary 
        determines are appropriate.

    ``(c) Personnel Assignment.--
            ``(1) In general.--The Under Secretary for Intelligence and 
        Analysis shall, to the maximum extent practicable, assign 
        officers and intelligence analysts from components of the 
        Department to participating State, local, and regional fusion 
        centers.
            ``(2) Personnel sources.--Officers and intelligence analysts 
        assigned to participating fusion centers under this

[[Page 121 STAT. 319]]

        subsection may be assigned from the following Department 
        components, in coordination with the respective component head 
        and in consultation with the principal officials of 
        participating fusion centers:
                    ``(A) Office of Intelligence and Analysis.
                    ``(B) Office of Infrastructure Protection.
                    ``(C) Transportation Security Administration.
                    ``(D) United States Customs and Border Protection.
                    ``(E) United States Immigration and Customs 
                Enforcement.
                    ``(F) United States Coast Guard.
                    ``(G) Other components of the Department, as 
                determined by the Secretary.
            ``(3) Qualifying criteria.--
                    ``(A) In general.--The Secretary shall develop 
                qualifying criteria for a fusion center to participate 
                in the assigning of Department officers or intelligence 
                analysts under this section.
                    ``(B) Criteria.--Any criteria developed under 
                subparagraph (A) may include--
                          ``(i) whether the fusion center, through its 
                      mission and governance structure, focuses on a 
                      broad counterterrorism approach, and whether that 
                      broad approach is pervasive through all levels of 
                      the organization;
                          ``(ii) whether the fusion center has 
                      sufficient numbers of adequately trained personnel 
                      to support a broad counterterrorism mission;
                          ``(iii) whether the fusion center has--
                                    ``(I) access to relevant law 
                                enforcement, emergency response, private 
                                sector, open source, and national 
                                security data; and
                                    ``(II) the ability to share and 
                                analytically utilize that data for 
                                lawful purposes;
                          ``(iv) whether the fusion center is adequately 
                      funded by the State, local, or regional government 
                      to support its counterterrorism mission; and
                          ``(v) the relevancy of the mission of the 
                      fusion center to the particular source component 
                      of Department officers or intelligence analysts.
            ``(4) Prerequisite.--
                    ``(A) Intelligence analysis, privacy, and civil 
                liberties training.--Before being assigned to a fusion 
                center under this section, an officer or intelligence 
                analyst shall undergo--
                          ``(i) appropriate intelligence analysis or 
                      information sharing training using an 
                      intelligence-led policing curriculum that is 
                      consistent with--
                                    ``(I) standard training and 
                                education programs offered to Department 
                                law enforcement and intelligence 
                                personnel; and
                                    ``(II) the Criminal Intelligence 
                                Systems Operating Policies under part 23 
                                of title 28, Code of Federal Regulations 
                                (or any corresponding similar rule or 
                                regulation);

[[Page 121 STAT. 320]]

                          ``(ii) appropriate privacy and civil liberties 
                      training that is developed, supported, or 
                      sponsored by the Privacy Officer appointed under 
                      section 222 and the Officer for Civil Rights and 
                      Civil Liberties of the Department, in consultation 
                      with the Privacy and Civil Liberties Oversight 
                      Board established under section 1061 of the 
                      Intelligence Reform and Terrorism Prevention Act 
                      of 2004 (5 U.S.C. 601 note); and
                          ``(iii) such other training prescribed by the 
                      Under Secretary for Intelligence and Analysis.
                    ``(B) Prior work experience in area.--In determining 
                the eligibility of an officer or intelligence analyst to 
                be assigned to a fusion center under this section, the 
                Under Secretary for Intelligence and Analysis shall 
                consider the familiarity of the officer or intelligence 
                analyst with the State, locality, or region, as 
                determined by such factors as whether the officer or 
                intelligence analyst--
                          ``(i) has been previously assigned in the 
                      geographic area; or
                          ``(ii) has previously worked with intelligence 
                      officials or law enforcement or other emergency 
                      response providers from that State, locality, or 
                      region.
            ``(5) Expedited security clearance processing.--The Under 
        Secretary for Intelligence and Analysis--
                    ``(A) shall ensure that each officer or intelligence 
                analyst assigned to a fusion center under this section 
                has the appropriate security clearance to contribute 
                effectively to the mission of the fusion center; and
                    ``(B) may request that security clearance processing 
                be expedited for each such officer or intelligence 
                analyst and may use available funds for such purpose.
            ``(6) Further qualifications.--Each officer or intelligence 
        analyst assigned to a fusion center under this section shall 
        satisfy any other qualifications the Under Secretary for 
        Intelligence and Analysis may prescribe.

    ``(d) Responsibilities.--An officer or intelligence analyst assigned 
to a fusion center under this section shall--
            ``(1) assist law enforcement agencies and other emergency 
        response providers of State, local, and tribal governments and 
        fusion center personnel in using information within the scope of 
        the information sharing environment, including homeland security 
        information, terrorism information, and weapons of mass 
        destruction information, to develop a comprehensive and accurate 
        threat picture;
            ``(2) review homeland security-relevant information from law 
        enforcement agencies and other emergency response providers of 
        State, local, and tribal government;
            ``(3) create intelligence and other information products 
        derived from such information and other homeland security-
        relevant information provided by the Department; and
            ``(4) assist in the dissemination of such products, as 
        coordinated by the Under Secretary for Intelligence and 
        Analysis, to law enforcement agencies and other emergency 
        response providers of State, local, and tribal government, other 
        fusion centers, and appropriate Federal agencies.

    ``(e) Border Intelligence Priority.--

[[Page 121 STAT. 321]]

            ``(1) In general.--The Secretary shall make it a priority to 
        assign officers and intelligence analysts under this section 
        from United States Customs and Border Protection, United States 
        Immigration and Customs Enforcement, and the Coast Guard to 
        participating State, local, and regional fusion centers located 
        in jurisdictions along land or maritime borders of the United 
        States in order to enhance the integrity of and security at such 
        borders by helping Federal, State, local, and tribal law 
        enforcement authorities to identify, investigate, and otherwise 
        interdict persons, weapons, and related contraband that pose a 
        threat to homeland security.
            ``(2) Border intelligence products.--When performing the 
        responsibilities described in subsection (d), officers and 
        intelligence analysts assigned to participating State, local, 
        and regional fusion centers under this section shall have, as a 
        primary responsibility, the creation of border intelligence 
        products that--
                    ``(A) assist State, local, and tribal law 
                enforcement agencies in deploying their resources most 
                efficiently to help detect and interdict terrorists, 
                weapons of mass destruction, and related contraband at 
                land or maritime borders of the United States;
                    ``(B) promote more consistent and timely sharing of 
                border security-relevant information among jurisdictions 
                along land or maritime borders of the United States; and
                    ``(C) enhance the Department's situational awareness 
                of the threat of acts of terrorism at or involving the 
                land or maritime borders of the United States.

    ``(f) Database Access.--In order to fulfill the objectives described 
under subsection (d), each officer or intelligence analyst assigned to a 
fusion center under this section shall have appropriate access to all 
relevant Federal databases and information systems, consistent with any 
policies, guidelines, procedures, instructions, or standards established 
by the President or, as appropriate, the program manager of the 
information sharing environment for the implementation and management of 
that environment.
    ``(g) Consumer Feedback.--
            ``(1) In general.--The Secretary shall create a voluntary 
        mechanism for any State, local, or tribal law enforcement 
        officer or other emergency response provider who is a consumer 
        of the intelligence or other information products referred to in 
        subsection (d) to provide feedback to the Department on the 
        quality and utility of such intelligence products.
            ``(2) Report.--Not later than one year after the date of the 
        enactment of the Implementing Recommendations of the 9/11 
        Commission Act of 2007, and annually thereafter, the Secretary 
        shall submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on Homeland 
        Security of the House of Representatives a report that includes 
        a description of the consumer feedback obtained under paragraph 
        (1) and, if applicable, how the Department has adjusted its 
        production of intelligence products in response to that consumer 
        feedback.

    ``(h) Rule of Construction.--
            ``(1) In general.--The authorities granted under this 
        section shall supplement the authorities granted under section

[[Page 121 STAT. 322]]

        201(d) and nothing in this section shall be construed to 
        abrogate the authorities granted under section 201(d).
            ``(2) Participation.--Nothing in this section shall be 
        construed to require a State, local, or regional government or 
        entity to accept the assignment of officers or intelligence 
        analysts of the Department into the fusion center of that State, 
        locality, or region.

    ``(i) Guidelines.--The Secretary, in consultation with the Attorney 
General, shall establish guidelines for fusion centers created and 
operated by State and local governments, to include standards that any 
such fusion center shall--
            ``(1) collaboratively develop a mission statement, identify 
        expectations and goals, measure performance, and determine 
        effectiveness for that fusion center;
            ``(2) create a representative governance structure that 
        includes law enforcement officers and other emergency response 
        providers and, as appropriate, the private sector;
            ``(3) create a collaborative environment for the sharing of 
        intelligence and information among Federal, State, local, and 
        tribal government agencies (including law enforcement officers 
        and other emergency response providers), the private sector, and 
        the public, consistent with any policies, guidelines, 
        procedures, instructions, or standards established by the 
        President or, as appropriate, the program manager of the 
        information sharing environment;
            ``(4) leverage the databases, systems, and networks 
        available from public and private sector entities, in accordance 
        with all applicable laws, to maximize information sharing;
            ``(5) develop, publish, and adhere to a privacy and civil 
        liberties policy consistent with Federal, State, and local law;
            ``(6) provide, in coordination with the Privacy Officer of 
        the Department and the Officer for Civil Rights and Civil 
        Liberties of the Department, appropriate privacy and civil 
        liberties training for all State, local, tribal, and private 
        sector representatives at the fusion center;
            ``(7) ensure appropriate security measures are in place for 
        the facility, data, and personnel;
            ``(8) select and train personnel based on the needs, 
        mission, goals, and functions of that fusion center;
            ``(9) offer a variety of intelligence and information 
        services and products to recipients of fusion center 
        intelligence and information; and
            ``(10) incorporate law enforcement officers, other emergency 
        response providers, and, as appropriate, the private sector, 
        into all relevant phases of the intelligence and fusion process, 
        consistent with the mission statement developed under paragraph 
        (1), either through full time representatives or liaison 
        relationships with the fusion center to enable the receipt and 
        sharing of information and intelligence.

    ``(j) Definitions.--In this section--
            ``(1) the term `fusion center' means a collaborative effort 
        of 2 or more Federal, State, local, or tribal government 
        agencies that combines resources, expertise, or information with 
        the goal of maximizing the ability of such agencies to detect, 
        prevent, investigate, apprehend, and respond to criminal or 
        terrorist activity;

[[Page 121 STAT. 323]]

            ``(2) the term `information sharing environment' means the 
        information sharing environment established under section 1016 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (6 U.S.C. 485);
            ``(3) the term `intelligence analyst' means an individual 
        who regularly advises, administers, supervises, or performs work 
        in the collection, gathering, analysis, evaluation, reporting, 
        production, or dissemination of information on political, 
        economic, social, cultural, physical, geographical, scientific, 
        or military conditions, trends, or forces in foreign or domestic 
        areas that directly or indirectly affect national security;
            ``(4) the term `intelligence-led policing' means the 
        collection and analysis of information to produce an 
        intelligence end product designed to inform law enforcement 
        decision making at the tactical and strategic levels; and
            ``(5) the term `terrorism information' has the meaning given 
        that term in section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485).

    ``(k) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 for each of fiscal years 2008 through 2012, to 
carry out this section, except for subsection (i), including for hiring 
officers and intelligence analysts to replace officers and intelligence 
analysts who are assigned to fusion centers under this section.''.
    (b) Training for <<NOTE: Deadline. 6 USC 124h note.>> Predeployed 
Officers and Analysts.--An officer or analyst assigned to a fusion 
center by the Secretary of Homeland Security before the date of the 
enactment of this Act shall undergo the training described in section 
210A(c)(4)(A) of the Homeland Security Act of 2002, as added by 
subsection (a), by not later than 6 months after such date.

    (c) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 
is further amended by inserting after the item relating to section 210 
the following:

``Sec. 210A. Department of Homeland Security State, Local, and Regional 
           Information Fusion Center Initiative.''.

    (d) Reports.--
            (1) Concept of operations.--Not later than 90 days after the 
        date of enactment of this Act and before the Department of 
        Homeland Security State, Local, and Regional Fusion Center 
        Initiative under section 210A of the Homeland Security Act of 
        2002, as added by subsection (a), (in this section referred to 
        as the ``program'') has been implemented, the Secretary, in 
        consultation with the Privacy Officer of the Department, the 
        Officer for Civil Rights and Civil Liberties of the Department, 
        and the Privacy and Civil Liberties Oversight Board established 
        under section 1061 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives a report that contains a concept of operations 
        for the program, which shall--
                    (A) include a clear articulation of the purposes, 
                goals, and specific objectives for which the program is 
                being developed;

[[Page 121 STAT. 324]]

                    (B) identify stakeholders in the program and provide 
                an assessment of their needs;
                    (C) contain a developed set of quantitative metrics 
                to measure, to the extent possible, program output;
                    (D) contain a developed set of qualitative 
                instruments (including surveys and expert interviews) to 
                assess the extent to which stakeholders believe their 
                needs are being met; and
                    (E) include a privacy and civil liberties impact 
                assessment.
            (2) Privacy and civil liberties.--
        Not <<NOTE: Deadline. Reports.>> later than 1 year after the 
        date of the enactment of this Act, the Privacy Officer of the 
        Department of Homeland Security and the Officer for Civil 
        Liberties and Civil Rights of the Department of Homeland 
        Security, consistent with any policies of the Privacy and Civil 
        Liberties Oversight Board established under section 1061 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (5 
        U.S.C. 601 note), shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives, 
        the Secretary of Homeland Security, the Under Secretary of 
        Homeland Security for Intelligence and Analysis, and the Privacy 
        and Civil Liberties Oversight Board a report on the privacy and 
        civil liberties impact of the program.
SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.

    (a) Establishment of Program.--Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended 
by adding at the end the following:
``SEC. 210B. <<NOTE: 6 USC 124i.>> HOMELAND SECURITY INFORMATION 
                          SHARING FELLOWS PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary, acting through the Under 
        Secretary for Intelligence and Analysis, and in consultation 
        with the Chief Human Capital Officer, shall establish a 
        fellowship program in accordance with this section for the 
        purpose of--
                    ``(A) detailing State, local, and tribal law 
                enforcement officers and intelligence analysts to the 
                Department in accordance with subchapter VI of chapter 
                33 of title 5, United States Code, to participate in the 
                work of the Office of Intelligence and Analysis in order 
                to become familiar with--
                          ``(i) the relevant missions and capabilities 
                      of the Department and other Federal agencies; and
                          ``(ii) the role, programs, products, and 
                      personnel of the Office of Intelligence and 
                      Analysis; and
                    ``(B) promoting information sharing between the 
                Department and State, local, and tribal law enforcement 
                officers and intelligence analysts by assigning such 
                officers and analysts to--
                          ``(i) serve as a point of contact in the 
                      Department to assist in the representation of 
                      State, local, and tribal information requirements;
                          ``(ii) identify information within the scope 
                      of the information sharing environment, including 
                      homeland

[[Page 121 STAT. 325]]

                      security information, terrorism information, and 
                      weapons of mass destruction information, that is 
                      of interest to State, local, and tribal law 
                      enforcement officers, intelligence analysts, and 
                      other emergency response providers;
                          ``(iii) assist Department analysts in 
                      preparing and disseminating products derived from 
                      information within the scope of the information 
                      sharing environment, including homeland security 
                      information, terrorism information, and weapons of 
                      mass destruction information, that are tailored to 
                      State, local, and tribal law enforcement officers 
                      and intelligence analysts and designed to prepare 
                      for and thwart acts of terrorism; and
                          ``(iv) assist Department analysts in preparing 
                      products derived from information within the scope 
                      of the information sharing environment, including 
                      homeland security information, terrorism 
                      information, and weapons of mass destruction 
                      information, that are tailored to State, local, 
                      and tribal emergency response providers and assist 
                      in the dissemination of such products through 
                      appropriate Department channels.
            ``(2) Program name.--The program under this section shall be 
        known as the `Homeland Security Information Sharing Fellows 
        Program'.

    ``(b) Eligibility.--
            ``(1) In general.--In order to be eligible for selection as 
        an Information Sharing Fellow under the program under this 
        section, an individual shall--
                    ``(A) have homeland security-related 
                responsibilities;
                    ``(B) be eligible for an appropriate security 
                clearance;
                    ``(C) possess a valid need for access to classified 
                information, as determined by the Under Secretary for 
                Intelligence and Analysis;
                    ``(D) be an employee of an eligible entity; and
                    ``(E) have undergone appropriate privacy and civil 
                liberties training that is developed, supported, or 
                sponsored by the Privacy Officer and the Officer for 
                Civil Rights and Civil Liberties, in consultation with 
                the Privacy and Civil Liberties Oversight Board 
                established under section 1061 of the Intelligence 
                Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 
                601 note).
            ``(2) Eligible entities.--In this subsection, the term 
        `eligible entity' means--
                    ``(A) a State, local, or regional fusion center;
                    ``(B) a State or local law enforcement or other 
                government entity that serves a major metropolitan area, 
                suburban area, or rural area, as determined by the 
                Secretary;
                    ``(C) a State or local law enforcement or other 
                government entity with port, border, or agricultural 
                responsibilities, as determined by the Secretary;
                    ``(D) a tribal law enforcement or other authority; 
                or
                    ``(E) such other entity as the Secretary determines 
                is appropriate.

[[Page 121 STAT. 326]]

    ``(c) Optional Participation.--No State, local, or tribal law 
enforcement or other government entity shall be required to participate 
in the Homeland Security Information Sharing Fellows Program.
    ``(d) Procedures for Nomination and Selection.--
            ``(1) In general.--The Under Secretary for Intelligence and 
        Analysis shall establish procedures to provide for the 
        nomination and selection of individuals to participate in the 
        Homeland Security Information Sharing Fellows Program.
            ``(2) Limitations.--The Under Secretary for Intelligence and 
        Analysis shall--
                    ``(A) select law enforcement officers and 
                intelligence analysts representing a broad cross-section 
                of State, local, and tribal agencies; and
                    ``(B) ensure that the number of Information Sharing 
                Fellows selected does not impede the activities of the 
                Office of Intelligence and Analysis.''.

    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 
is further amended by inserting after the item relating to section 210A 
the following:

``Sec. 210B. Homeland Security Information Sharing Fellows Program.''.

    (c) Reports.--
            (1) Concept of operations.--Not later than 90 days after the 
        date of enactment of this Act, and before the implementation of 
        the Homeland Security Information Sharing Fellows Program under 
        section 210B of the Homeland Security Act of 2002, as added by 
        subsection (a), (in this section referred to as the ``Program'') 
        the Secretary, in consultation with the Privacy Officer of the 
        Department, the Officer for Civil Rights and Civil Liberties of 
        the Department, and the Privacy and Civil Liberties Oversight 
        Board established under section 1061 of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall 
        submit to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives a report that contains a concept of 
        operations for the Program, which shall include a privacy and 
        civil liberties impact assessment.
            (2) Review of privacy impact.--Not later than 1 year after 
        the date on which the program is implemented, the Privacy 
        Officer of the Department and the Officer for Civil Rights and 
        Civil Liberties of the Department, consistent with any policies 
        of the Privacy and Civil Liberties Oversight Board established 
        under section 1061 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives, the Secretary of Homeland Security, the Under 
        Secretary of Homeland Security for Intelligence and Analysis, 
        and the Privacy and Civil Liberties Oversight Board, a report on 
        the privacy and civil liberties impact of the program.

[[Page 121 STAT. 327]]

SEC. 513. RURAL POLICING INSTITUTE.

    (a) Establishment.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the 
end the following:
``SEC. 210C. <<NOTE: 6 USC 124j.>> RURAL POLICING INSTITUTE.

    ``(a) In General.--The Secretary shall establish a Rural Policing 
Institute, which shall be administered by the Federal Law Enforcement 
Training Center, to target training to law enforcement agencies and 
other emergency response providers located in rural areas. The 
Secretary, through the Rural Policing Institute, shall--
            ``(1) evaluate the needs of law enforcement agencies and 
        other emergency response providers in rural areas;
            ``(2) develop expert training programs designed to address 
        the needs of law enforcement agencies and other emergency 
        response providers in rural areas as identified in the 
        evaluation conducted under paragraph (1), including training 
        programs about intelligence-led policing and protections for 
        privacy, civil rights, and civil liberties;
            ``(3) provide the training programs developed under 
        paragraph (2) to law enforcement agencies and other emergency 
        response providers in rural areas; and
            ``(4) conduct outreach efforts to ensure that local and 
        tribal governments in rural areas are aware of the training 
        programs developed under paragraph (2) so they can avail 
        themselves of such programs.

    ``(b) Curricula.--The training at the Rural Policing Institute 
established under subsection (a) shall--
            ``(1) be configured in a manner so as not to duplicate or 
        displace any law enforcement or emergency response program of 
        the Federal Law Enforcement Training Center or a local or tribal 
        government entity in existence on the date of enactment of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007; 
        and
            ``(2) to the maximum extent practicable, be delivered in a 
        cost-effective manner at facilities of the Department, on closed 
        military installations with adequate training facilities, or at 
        facilities operated by the participants.

    ``(c) Definition.--In this section, the term `rural' means an area 
that is not located in a metropolitan statistical area, as defined by 
the Office of Management and Budget.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section (including for contracts, staff, 
and equipment)--
            ``(1) $10,000,000 for fiscal year 2008; and
            ``(2) $5,000,000 for each of fiscal years 2009 through 
        2013.''.

    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by inserting after the item relating to 
section 210B the following:

``Sec. 210C. Rural Policing Institute.''.

[[Page 121 STAT. 328]]

    Subtitle C--Interagency Threat Assessment and Coordination Group

SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.

    (a) Establishment.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the 
end the following:
``SEC. 210D. <<NOTE: 6 USC 124k.>> INTERAGENCY THREAT ASSESSMENT 
                          AND COORDINATION GROUP.

    ``(a) In General.--To improve the sharing of information within the 
scope of the information sharing environment established under section 
1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 485) with State, local, tribal, and private sector officials, the 
Director of National Intelligence, through the program manager for the 
information sharing environment, in coordination with the Secretary, 
shall coordinate and oversee the creation of an Interagency Threat 
Assessment and Coordination Group (referred to in this section as the 
`ITACG').
    ``(b) Composition of ITACG.--The ITACG shall consist of--
            ``(1) an ITACG Advisory Council to set policy and develop 
        processes for the integration, analysis, and dissemination of 
        federally-coordinated information within the scope of the 
        information sharing environment, including homeland security 
        information, terrorism information, and weapons of mass 
        destruction information; and
            ``(2) an ITACG Detail comprised of State, local, and tribal 
        homeland security and law enforcement officers and intelligence 
        analysts detailed to work in the National Counterterrorism 
        Center with Federal intelligence analysts for the purpose of 
        integrating, analyzing, and assisting in the dissemination of 
        federally-coordinated information within the scope of the 
        information sharing environment, including homeland security 
        information, terrorism information, and weapons of mass 
        destruction information, through appropriate channels identified 
        by the ITACG Advisory Council.

    ``(c) Responsibilities of Program Manager.--
The <<NOTE: Deadline. Reports.>> program manager, in consultation with 
the Information Sharing Council, shall--
            ``(1) monitor and assess the efficacy of the ITACG; and
            ``(2) not later than 180 days after the date of the 
        enactment of the Implementing Recommendations of the 9/11 
        Commission Act of 2007, and at least annually thereafter, submit 
        to the Secretary, the Attorney General, the Director of National 
        Intelligence, the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on Homeland 
        Security of the House of Representatives a report on the 
        progress of the ITACG.

    ``(d) Responsibilities of Secretary.--The Secretary, or the 
Secretary's designee, in coordination with the Director of the National 
Counterterrorism Center and the ITACG Advisory Council, shall--
            ``(1) create policies and standards for the creation of 
        information products derived from information within the scope 
        of the information sharing environment, including homeland

[[Page 121 STAT. 329]]

        security information, terrorism information, and weapons of mass 
        destruction information, that are suitable for dissemination to 
        State, local, and tribal governments and the private sector;
            ``(2) evaluate and develop processes for the timely 
        dissemination of federally-coordinated information within the 
        scope of the information sharing environment, including homeland 
        security information, terrorism information, and weapons of mass 
        destruction information, to State, local, and tribal governments 
        and the private sector;
            ``(3) <<NOTE: Criteria.>> establish criteria and a 
        methodology for indicating to State, local, and tribal 
        governments and the private sector the reliability of 
        information within the scope of the information sharing 
        environment, including homeland security information, terrorism 
        information, and weapons of mass destruction information, 
        disseminated to them;
            ``(4) educate the intelligence community about the 
        requirements of the State, local, and tribal homeland security, 
        law enforcement, and other emergency response providers 
        regarding information within the scope of the information 
        sharing environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information;
            ``(5) <<NOTE: Establishment.>> establish and maintain the 
        ITACG Detail, which shall assign an appropriate number of State, 
        local, and tribal homeland security and law enforcement officers 
        and intelligence analysts to work in the National 
        Counterterrorism Center who shall--
                    ``(A) educate and advise National Counterterrorism 
                Center intelligence analysts about the requirements of 
                the State, local, and tribal homeland security and law 
                enforcement officers, and other emergency response 
                providers regarding information within the scope of the 
                information sharing environment, including homeland 
                security information, terrorism information, and weapons 
                of mass destruction information;
                    ``(B) assist National Counterterrorism Center 
                intelligence analysts in integrating, analyzing, and 
                otherwise preparing versions of products derived from 
                information within the scope of the information sharing 
                environment, including homeland security information, 
                terrorism information, and weapons of mass destruction 
                information that are unclassified or classified at the 
                lowest possible level and suitable for dissemination to 
                State, local, and tribal homeland security and law 
                enforcement agencies in order to help deter and prevent 
                terrorist attacks;
                    ``(C) implement, in coordination with National 
                Counterterrorism Center intelligence analysts, the 
                policies, processes, procedures, standards, and 
                guidelines developed by the ITACG Advisory Council;
                    ``(D) assist in the dissemination of products 
                derived from information within the scope of the 
                information sharing environment, including homeland 
                security information, terrorism information, and weapons 
                of mass destruction information, to State, local, and 
                tribal jurisdictions only through appropriate channels 
                identified by the ITACG Advisory Council; and

[[Page 121 STAT. 330]]

                    ``(E) report directly to the senior intelligence 
                official from the Department under paragraph (6);
            ``(6) detail a senior intelligence official from the 
        Department of Homeland Security to the National Counterterrorism 
        Center, who shall--
                    ``(A) manage the day-to-day operations of the ITACG 
                Detail;
                    ``(B) report directly to the Director of the 
                National Counterterrorism Center or the Director's 
                designee; and
                    ``(C) in coordination with the Director of the 
                Federal Bureau of Investigation, and subject to the 
                approval of the Director of the National 
                Counterterrorism Center, select a deputy from the pool 
                of available detailees from the Federal Bureau of 
                Investigation in the National Counterterrorism Center; 
                and
            ``(7) establish, within the ITACG Advisory Council, a 
        mechanism to select law enforcement officers and intelligence 
        analysts for placement in the National Counterterrorism Center 
        consistent with paragraph (5), using criteria developed by the 
        ITACG Advisory Council that shall encourage participation from a 
        broadly representative group of State, local, and tribal 
        homeland security and law enforcement agencies.

    ``(e) Membership.--The Secretary, or the Secretary's designee, shall 
serve as the chair of the ITACG Advisory Council, which shall include--
            ``(1) representatives of--
                    ``(A) the Department;
                    ``(B) the Federal Bureau of Investigation;
                    ``(C) the National Counterterrorism Center;
                    ``(D) the Department of Defense;
                    ``(E) the Department of Energy;
                    ``(F) the Department of State; and
                    ``(G) other Federal entities as appropriate;
            ``(2) the program manager of the information sharing 
        environment, designated under section 1016(f) of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C. 485(f)), or the program manager's designee; and
            ``(3) executive level law enforcement and intelligence 
        officials from State, local, and tribal governments.

    ``(f) Criteria.--The Secretary, in consultation with the Director of 
National Intelligence, the Attorney General, and the program manager of 
the information sharing environment established under section 1016 of 
the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
485), shall--
            ``(1) <<NOTE: Procedures.>> establish procedures for 
        selecting members of the ITACG Advisory Council and for the 
        proper handling and safeguarding of products derived from 
        information within the scope of the information sharing 
        environment, including homeland security information, terrorism 
        information, and weapons of mass destruction information, by 
        those members; and
            ``(2) ensure that at least 50 percent of the members of the 
        ITACG Advisory Council are from State, local, and tribal 
        governments.

    ``(g) Operations.--
            ``(1) In general.--Beginning <<NOTE: Deadline.>> not later 
        than 90 days after the date of enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, the ITACG 
        Advisory 


[[Page 121 STAT. 331]]

        Council shall meet regularly, but not less than quarterly, at 
        the facilities of the National Counterterrorism Center of the 
        Office of the Director of National Intelligence.
            ``(2) Management.--Pursuant to section 119(f)(E) of the 
        National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the 
        Director of the National Counterterrorism Center, acting through 
        the senior intelligence official from the Department of Homeland 
        Security detailed pursuant to subsection (d)(6), shall ensure 
        that--
                    ``(A) the products derived from information within 
                the scope of the information sharing environment, 
                including homeland security information, terrorism 
                information, and weapons of mass destruction 
                information, prepared by the National Counterterrorism 
                Center and the ITACG Detail for distribution to State, 
                local, and tribal homeland security and law enforcement 
                agencies reflect the requirements of such agencies and 
                are produced consistently with the policies, processes, 
                procedures, standards, and guidelines established by the 
                ITACG Advisory Council;
                    ``(B) in consultation with the ITACG Advisory 
                Council and consistent with sections 102A(f)(1)(B)(iii) 
                and 119(f)(E) of the National Security Act of 1947 (50 
                U.S.C. 402 et seq.), all products described in 
                subparagraph (A) are disseminated through existing 
                channels of the Department and the Department of Justice 
                and other appropriate channels to State, local, and 
                tribal government officials and other entities;
                    ``(C) all detailees under subsection (d)(5) have 
                appropriate access to all relevant information within 
                the scope of the information sharing environment, 
                including homeland security information, terrorism 
                information, and weapons of mass destruction 
                information, available at the National Counterterrorism 
                Center in order to accomplish the objectives under that 
                paragraph;
                    ``(D) all detailees under subsection (d)(5) have the 
                appropriate security clearances and are trained in the 
                procedures for handling, processing, storing, and 
                disseminating classified products derived from 
                information within the scope of the information sharing 
                environment, including homeland security information, 
                terrorism information, and weapons of mass destruction 
                information; and
                    ``(E) all detailees under subsection (d)(5) complete 
                appropriate privacy and civil liberties training.

    ``(h) Inapplicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
ITACG or any subsidiary groups thereof.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 2008 
through 2012 to carry out this section, including to obtain security 
clearances for the State, local, and tribal participants in the 
ITACG.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is <<NOTE: 6 USC 101 et seq.>> amended by inserting after the 
item relating to section 210C the following:

``Sec. 210D. Interagency Threat Assessment and Coordination Group.''.


[[Page 121 STAT. 332]]



    (c) Privacy and Civil Liberties 
Impact <<NOTE: Deadline.>> Assessment.--Not later than 90 days after the 
date of the enactment of this Act, the Privacy Officer and the Officer 
for Civil Rights and Civil Liberties of the Department of Homeland 
Security and the Chief Privacy and Civil Liberties Officer for the 
Department of Justice, in consultation with the Civil Liberties 
Protection Officer of the Office of the Director of National 
Intelligence, shall submit to the Secretary of Homeland Security, the 
Director of the Federal Bureau of Investigation, the Attorney General, 
the Director of the National Counterterrorism Center, the Director of 
National Intelligence, the Privacy and Civil Liberties Oversight Board, 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Homeland Security of the House of 
Representatives, the Select Committee on Intelligence of the Senate, and 
the Permanent Select Committee on Intelligence of the House of 
Representatives, a privacy and civil liberties impact assessment of the 
Interagency Threat Assessment and Coordination Group under section 210D 
of the Homeland Security Act of 2002, as added by subsection (a), 
including the use of State, local, and tribal detailees at the National 
Counterterrorism Center, as described in subsection (d)(5) of that 
section.

    Subtitle D--Homeland Security Intelligence Offices Reorganization

SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF 
                        INFRASTRUCTURE PROTECTION.

    (a) In General.--Section 201 of the Homeland Security Act of 2002 (6 
U.S.C. 201) <<NOTE: 6 USC 121.>> is amended--
            (1) in the section heading, by striking ``directorate for 
        information'' and inserting ``information and'';
            (2) by striking subsections (a) through (c) and inserting 
        the following:

    ``(a) Intelligence and Analysis and Infrastructure Protection.--
There shall be in the Department an Office of Intelligence and Analysis 
and an Office of Infrastructure Protection.
    ``(b) Under <<NOTE: President.>> Secretary for Intelligence and 
Analysis and Assistant Secretary for Infrastructure Protection.--
            ``(1) Office of intelligence and analysis.--The Office of 
        Intelligence and Analysis shall be headed by an Under Secretary 
        for Intelligence and Analysis, who shall be appointed by the 
        President, by and with the advice and consent of the Senate.
            ``(2) Chief intelligence officer.--The Under Secretary for 
        Intelligence and Analysis shall serve as the Chief Intelligence 
        Officer of the Department.
            ``(3) Office of infrastructure protection.--The Office of 
        Infrastructure Protection shall be headed by an Assistant 
        Secretary for Infrastructure Protection, who shall be appointed 
        by the President.

    ``(c) Discharge of Responsibilities.--The Secretary shall ensure 
that the responsibilities of the Department relating to information 
analysis and infrastructure protection, including those described in 
subsection (d), are carried out through the Under Secretary for 
Intelligence and Analysis or the Assistant Secretary for Infrastructure 
Protection, as appropriate.'';

[[Page 121 STAT. 333]]

            (3) in subsection (d)--
                    (A) in the subsection heading, by striking ``Under 
                Secretary'' and inserting ``Secretary Relating To 
                Intelligence and Analysis and Infrastructure 
                Protection'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``Subject to the direction'' and all that 
                follows through ``Infrastructure Protection'' and 
                inserting the following: ``The responsibilities of the 
                Secretary relating to intelligence and analysis and 
                infrastructure protection'';
                    (C) in paragraph (9), as redesignated under section 
                510(a)(2)(A)(ii), by striking ``Director of Central 
                Intelligence'' and inserting ``Director of National 
                Intelligence'';
                    (D) in paragraph (11)(B), as so redesignated, by 
                striking ``Director of Central Intelligence'' and 
                inserting ``Director of National Intelligence'';
                    (E) by redesignating paragraph (18), as so 
                redesignated, as paragraph (24); and
                    (F) by inserting after paragraph (17), as so 
                redesignated, the following:
            ``(18) To coordinate and enhance integration among the 
        intelligence components of the Department, including through 
        strategic oversight of the intelligence activities of such 
        components.
            ``(19) To establish the intelligence collection, processing, 
        analysis, and dissemination priorities, policies, processes, 
        standards, guidelines, and procedures for the intelligence 
        components of the Department, consistent with any directions 
        from the President and, as applicable, the Director of National 
        Intelligence.
            ``(20) To establish a structure and process to support the 
        missions and goals of the intelligence components of the 
        Department.
            ``(21) To ensure that, whenever possible, the Department--
                    ``(A) produces and disseminates unclassified reports 
                and analytic products based on open-source information; 
                and
                    ``(B) produces and disseminates such reports and 
                analytic products contemporaneously with reports or 
                analytic products concerning the same or similar 
                information that the Department produced and 
                disseminated in a classified format.
            ``(22) To establish within the Office of Intelligence and 
        Analysis an internal continuity of operations plan.
            ``(23) Based on intelligence priorities set by the 
        President, and guidance from the Secretary and, as appropriate, 
        the Director of National Intelligence--
                    ``(A) to provide to the heads of each intelligence 
                component of the Department guidance for developing the 
                budget pertaining to the activities of such component; 
                and
                    ``(B) to present to the Secretary a recommendation 
                for a consolidated budget for the intelligence 
                components of the Department, together with any comments 
                from the heads of such components.'';
            (4) in subsection (e)(1)--
                    (A) by striking ``Directorate'' the first place that 
                term appears and inserting ``Office of Intelligence and 
                Analysis and the Office of Infrastructure Protection''; 
                and

[[Page 121 STAT. 334]]

                    (B) by striking ``the Directorate in discharging'' 
                and inserting ``such offices in discharging'';
            (5) in subsection (f)(1), by striking ``Directorate'' and 
        inserting ``Office of Intelligence and Analysis and the Office 
        of Infrastructure Protection''; and
            (6) In subsection (g), in the matter preceding paragraph 
        (1), by striking ``Under Secretary for Information Analysis and 
        Infrastructure Protection'' and inserting ``Office of 
        Intelligence and Analysis and the Office of Infrastructure 
        Protection''.

    (b) Technical and Conforming Amendments.--
            (1) In general.--Such Act is further amended--
                    (A) in section 223, <<NOTE: 6 USC 143.>> by striking 
                ``Under Secretary for Information Analysis and 
                Infrastructure Protection'' and inserting ``Under 
                Secretary for Intelligence and Analysis, in cooperation 
                with the Assistant Secretary for Infrastructure 
                Protection'';
                    (B) in section 224, <<NOTE: 6 USC 144.>> by striking 
                ``Under Secretary for Information Analysis and 
                Infrastructure Protection'' and inserting ``Assistant 
                Secretary for Infrastructure Protection'';
                    (C) in section 302(3), <<NOTE: 6 USC 182.>> by 
                striking ``Under Secretary for Information Analysis and 
                Infrastructure Protection'' and inserting ``Under 
                Secretary for Intelligence and Analysis and the 
                Assistant Secretary for Infrastructure Protection''; and
                    (D) <<NOTE: 6 USC 321.>> in section 521(d)--
                          (i) in paragraph (1), by striking 
                      ``Directorate for Information Analysis and 
                      Infrastructure Protection'' and inserting ``Office 
                      of Intelligence and Analysis''; and
                          (ii) in paragraph (2), by striking ``Under 
                      Secretary for Information Analysis and 
                      Infrastructure Protection'' and inserting ``Under 
                      Secretary for Intelligence and Analysis''.
            (2) Additional under secretary.--Section 103(a) of the 
        Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended--
                    (A) by redesignating paragraphs (8) and (9) as 
                paragraphs (9) and (10), respectively; and
                    (B) by inserting after paragraph (7) the following:
            ``(8) An Under Secretary responsible for overseeing critical 
        infrastructure protection, cybersecurity, and other related 
        programs of the Department.''.
            (3) Heading.--Subtitle A of title II of the Homeland 
        Security Act of 2002 (6 U.S.C. 121 et seq.) is amended in the 
        subtitle heading by striking ``Directorate for Information'' and 
        inserting ``Information and''.
            (4) Table of contents.--The Homeland Security Act of 2002 (6 
        U.S.C. 101 et seq.) is amended in the table of contents in 
        section 1(b) by striking the items relating to subtitle A of 
        title II and section 201 and inserting the following:

 ``Subtitle A--Information and Analysis and Infrastructure Protection; 
                          Access to Information

``Sec. 201. Information and Analysis and Infrastructure Protection.''.

            (5) National security act of 1947.--Section 106(b)(2)(I) of 
        the National Security Act of 1947 (50 U.S.C. 403-6) is amended 
        to read as follows:

[[Page 121 STAT. 335]]

                    ``(I) The Under Secretary of Homeland Security for 
                Intelligence and Analysis.''.

    (c) Treatment of Incumbent.--The <<NOTE: President. 6 USC 121 
note.>> individual administratively performing the duties of the Under 
Secretary for Intelligence and Analysis as of the date of the enactment 
of this Act may continue to perform such duties after the date on which 
the President nominates an individual to serve as the Under Secretary 
pursuant to section 201 of the Homeland Security Act of 2002, as amended 
by this section, and until the individual so appointed assumes the 
duties of the position.

               Subtitle E--Authorization of Appropriations

SEC. 541. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for each of fiscal years 2008 
through 2012 such sums as may be necessary to carry out this title and 
the amendments made by this title.

            TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

SEC. 601. <<NOTE: 50 USC 415c.>> AVAILABILITY TO PUBLIC OF CERTAIN 
                        INTELLIGENCE FUNDING INFORMATION.

    (a) Amounts Appropriated Each Fiscal Year.--
Not <<NOTE: Deadline.>> later than 30 days after the end of each fiscal 
year beginning with fiscal year 2007, the Director of National 
Intelligence shall disclose to the public the aggregate amount of funds 
appropriated by Congress for the National Intelligence Program for such 
fiscal year.

    (b) Waiver.--
Beginning <<NOTE: President. Deadline. Submission.>> with fiscal year 
2009, the President may waive or postpone the disclosure required by 
subsection (a) for any fiscal year by, not later than 30 days after the 
end of such fiscal year, submitting to the Select Committee on 
Intelligence of the Senate and Permanent Select Committee on 
Intelligence of the House of Representatives--
            (1) a statement, in unclassified form, that the disclosure 
        required in subsection (a) for that fiscal year would damage 
        national security; and
            (2) a statement detailing the reasons for the waiver or 
        postponement, which may be submitted in classified form.

    (c) Definition.--As used in this section, the term ``National 
Intelligence Program'' has the meaning given the term in section 3(6) of 
the National Security Act of 1947 (50 U.S.C. 401a(6)).
SEC. 602. PUBLIC INTEREST DECLASSIFICATION BOARD.

    The Public Interest Declassification Act of 2000 (50 U.S.C. 435 
note) is amended--
            (1) by striking ``Director of Central Intelligence'' each 
        place that term appears and inserting ``Director of National 
        Intelligence'';
            (2) <<NOTE: 50 USC 435 note.>> in section 704(e)--
                    (A) by striking ``If requested'' and inserting the 
                following:
            ``(1) In general.--If requested''; and

[[Page 121 STAT. 336]]

                    (B) by adding at the end the following:
            ``(2) Authority of board.--Upon receiving a congressional 
        request described in section 703(b)(5), the Board may conduct 
        the review and make the recommendations described in that 
        section, regardless of whether such a review is requested by the 
        President.
            ``(3) Reporting.--Any recommendations submitted to the 
        President by the Board under section 703(b)(5), shall be 
        submitted to the chairman and ranking minority member of the 
        committee of Congress that made the request relating to such 
        recommendations.'';
            (3) in section 705(c), <<NOTE: 50 USC 435 note.>> in the 
        subsection heading, by striking ``Director of Central 
        Intelligence'' and inserting ``Director of National 
        Intelligence''; and
            (4) in section 710(b), <<NOTE: 50 USC 435 note.>> by 
        striking ``8 years after the date'' and all that follows and 
        inserting ``on December 31, 2012.''.
SEC. 603. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11 
                        COMMISSION RECOMMENDATIONS WITH RESPECT TO 
                        INTELLIGENCE REFORM AND CONGRESSIONAL 
                        INTELLIGENCE OVERSIGHT REFORM.

    (a) Findings.--Congress makes the following findings:
            (1) The National Commission on Terrorist Attacks Upon the 
        United States (referred to in this section as the ``9/11 
        Commission'') conducted a lengthy review of the facts and 
        circumstances relating to the terrorist attacks of September 11, 
        2001, including those relating to the intelligence community, 
        law enforcement agencies, and the role of congressional 
        oversight and resource allocation.
            (2) In its final report, the 9/11 Commission found that--
                    (A) congressional oversight of the intelligence 
                activities of the United States is dysfunctional;
                    (B) under the rules of the Senate and the House of 
                Representatives in effect at the time the report was 
                completed, the committees of Congress charged with 
                oversight of the intelligence activities lacked the 
                power, influence, and sustained capability to meet the 
                daunting challenges faced by the intelligence community 
                of the United States;
                    (C) as long as such oversight is governed by such 
                rules of the Senate and the House of Representatives, 
                the people of the United States will not get the 
                security they want and need;
                    (D) a strong, stable, and capable congressional 
                committee structure is needed to give the intelligence 
                community of the United States appropriate oversight, 
                support, and leadership; and
                    (E) the reforms recommended by the 9/11 Commission 
                in its final report will not succeed if congressional 
                oversight of the intelligence community in the United 
                States is not changed.
            (3) The 9/11 Commission recommended structural changes to 
        Congress to improve the oversight of intelligence activities.
            (4) Congress has enacted some of the recommendations made by 
        the 9/11 Commission and is considering implementing additional 
        recommendations of the 9/11 Commission.

[[Page 121 STAT. 337]]

            (5) The Senate adopted Senate Resolution 445 in the 108th 
        Congress to address some of the intelligence oversight 
        recommendations of the 9/11 Commission by abolishing term limits 
        for the members of the Select Committee on Intelligence, 
        clarifying jurisdiction for intelligence-related nominations, 
        and streamlining procedures for the referral of intelligence-
        related legislation, but other aspects of the 9/11 Commission 
        recommendations regarding intelligence oversight have not been 
        implemented.

    (b) Sense of the Senate.--It is the sense of the Senate that the 
Committee on Homeland Security and Governmental Affairs and the Select 
Committee on Intelligence of the Senate each, or jointly, should--
            (1) undertake a review of the recommendations made in the 
        final report of the 9/11 Commission with respect to intelligence 
        reform and congressional intelligence oversight reform;
            (2) review and consider any other suggestions, options, or 
        recommendations for improving intelligence oversight; and
            (3) not later than December 21, 2007, submit to the Senate a 
        report that includes the recommendations of the committees, if 
        any, for carrying out such reforms.
SEC. 604. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST 
                        DECLASSIFICATION BOARD.

    Section 21067 of the Continuing Appropriations Resolution, 2007 
(division B of Public Law 109-289; 120 Stat. 1311), as amended by Public 
Law 109-369 (120 Stat. 2642), Public Law 109-383 (120 Stat. 2678), and 
Public Law 110-5, is amended by adding at the end the following new 
subsection:
    ``(c) From the amount provided by this section, the National 
Archives and Records Administration may obligate monies necessary to 
carry out the activities of the Public Interest Declassification 
Board.''.
SEC. 605. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT ON 
                        CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY 
                        REGARDING THE TERRORIST ATTACKS OF 
                        SEPTEMBER 11, 2001.

    (a) Public Availability.--Not later than 30 days after the date of 
the enactment of this Act, the Director of the Central Intelligence 
Agency shall prepare and make available to the public a version of the 
Executive Summary of the report entitled the ``Office of Inspector 
General Report on Central Intelligence Agency Accountability Regarding 
Findings and Conclusions of the Joint Inquiry into Intelligence 
Community Activities Before and After the Terrorist Attacks of September 
11, 2001'' issued in June 2005 that is declassified to the maximum 
extent possible, consistent with national security.
    (b) Report to Congress.--The Director of the Central Intelligence 
Agency shall submit to Congress a classified annex to the redacted 
Executive Summary made available under subsection (a) that explains the 
reason that any redacted material in the Executive Summary was withheld 
from the public.

[[Page 121 STAT. 338]]

      TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

                      Subtitle A--Terrorist Travel

SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE BORDER 
                        SECURITY, ENHANCE GLOBAL DOCUMENT 
                        SECURITY, AND EXCHANGE TERRORIST 
                        INFORMATION.

    (a) Report Required.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of State and the Secretary of 
Homeland Security, in conjunction with the Director of National 
Intelligence and the heads of other appropriate Federal departments and 
agencies, shall submit to the appropriate congressional committees a 
report on efforts of the Government of the United States to collaborate 
with international partners and allies of the United States to increase 
border security, enhance global document security, and exchange 
terrorism information.
    (b) Contents.--The report required by subsection (a) shall outline--
            (1) all presidential directives, programs, and strategies 
        for carrying out and increasing United States Government efforts 
        described in subsection (a);
            (2) the goals and objectives of each of these efforts;
            (3) the progress made in each of these efforts; and
            (4) the projected timelines for each of these efforts to 
        become fully functional and effective.

    (c) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on 
        Homeland Security, the Committee on the Judiciary, and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Homeland Security and Governmental Affairs, the Committee on the 
        Judiciary, and the Select Committee on Intelligence of the 
        Senate.

                         Subtitle B--Visa Waiver

SEC. 711. <<NOTE: Secure Travel and Counterterrorism Partnership 
                        Act of 2007.>> MODERNIZATION OF THE VISA 
                        WAIVER PROGRAM.

    (a) Short Title.--This <<NOTE: 8 USC 1101 note.>> section may be 
cited as the ``Secure Travel and Counterterrorism Partnership Act of 
2007''.

    (b) Sense of Congress.--It <<NOTE: 8 USC 1187 note.>> is the sense 
of Congress that--
            (1) the United States should modernize and strengthen the 
        security of the visa waiver program under section 217 of the 
        Immigration and Nationality Act (8 U.S.C. 1187) by 
        simultaneously--
                    (A) enhancing program security requirements; and
                    (B) extending visa-free travel privileges to 
                nationals of foreign countries that are partners in the 
                war on terrorism--
                          (i) that are actively cooperating with the 
                      United States to prevent terrorist travel, 
                      including sharing

[[Page 121 STAT. 339]]

                      counterterrorism and law enforcement information; 
                      and
                          (ii) whose nationals have demonstrated their 
                      compliance with the provisions of the Immigration 
                      and Nationality Act regarding the purpose and 
                      duration of their admission to the United States; 
                      and
            (2) the modernization described in paragraph (1) will--
                    (A) enhance bilateral cooperation on critical 
                counterterrorism and information sharing initiatives;
                    (B) support and expand tourism and business 
                opportunities to enhance long-term economic 
                competitiveness; and
                    (C) strengthen bilateral relationships.

    (c) Discretionary Visa Waiver Program Expansion.--Section 217(c) of 
the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by 
adding at the end the following new paragraphs:
            ``(8) Nonimmigrant visa refusal rate flexibility.--
                    ``(A) Certification.--
                          ``(i) In general.--On the date on which an air 
                      exit system is in place that can verify the 
                      departure of not less than 97 percent of foreign 
                      nationals who exit through airports of the United 
                      States and the electronic travel authorization 
                      system required under subsection (h)(3) is fully 
                      operational, the Secretary of Homeland Security 
                      shall certify to Congress that such air exit 
                      system and electronic travel authorization system 
                      are in place.
                          ``(ii) Notification to congress.--The 
                      Secretary shall notify Congress in writing of the 
                      date on which the air exit system under clause (i) 
                      fully satisfies the biometric requirements 
                      specified in subsection (i).
                          ``(iii) Temporary suspension of waiver 
                      authority.--Notwithstanding any certification made 
                      under clause (i), if the Secretary has not 
                      notified Congress in accordance with clause (ii) 
                      by June 30, 2009, the Secretary's waiver authority 
                      under subparagraph (B) shall be suspended 
                      beginning on July 1, 2009, until such time as the 
                      Secretary makes such notification.
                          ``(iv) Rule of construction.--Nothing in this 
                      paragraph shall be construed as in any way 
                      abrogating the reporting requirements under 
                      subsection (i)(3).
                    ``(B) Waiver.--After certification by the Secretary 
                under subparagraph (A), the Secretary, in consultation 
                with the Secretary of State, may waive the application 
                of paragraph (2)(A) for a country if--
                          ``(i) the country meets all security 
                      requirements of this section;
                          ``(ii) the Secretary of Homeland Security 
                      determines that the totality of the country's 
                      security risk mitigation measures provide 
                      assurance that the country's participation in the 
                      program would not compromise the law enforcement, 
                      security interests, or enforcement of the 
                      immigration laws of the United States;
                          ``(iii) there has been a sustained reduction 
                      in the rate of refusals for nonimmigrant visas for 
                      nationals

[[Page 121 STAT. 340]]

                      of the country and conditions exist to continue 
                      such reduction;
                          ``(iv) the country cooperated with the 
                      Government of the United States on 
                      counterterrorism initiatives, information sharing, 
                      and preventing terrorist travel before the date of 
                      its designation as a program country, and the 
                      Secretary of Homeland Security and the Secretary 
                      of State determine that such cooperation will 
                      continue; and
                          ``(v)(I) the rate of refusals for nonimmigrant 
                      visitor visas for nationals of the country during 
                      the previous full fiscal year was not more than 
                      ten percent; or
                          ``(II) the visa overstay rate for the country 
                      for the previous full fiscal year does not exceed 
                      the maximum visa overstay rate, once such rate is 
                      established under subparagraph (C).
                    ``(C) Maximum visa overstay rate.--
                          ``(i) Requirement to establish.--After 
                      certification by the Secretary under subparagraph 
                      (A), the Secretary and the Secretary of State 
                      jointly shall use information from the air exit 
                      system referred to in such subparagraph to 
                      establish a maximum visa overstay rate for 
                      countries participating in the program pursuant to 
                      a waiver 
                      under <<NOTE: Certification.>> subparagraph (B). 
                      The Secretary of Homeland Security shall certify 
                      to Congress that such rate would not compromise 
                      the law enforcement, security interests, or 
                      enforcement of the immigration laws of the United 
                      States.
                          ``(ii) Visa overstay rate defined.--In this 
                      paragraph the term `visa overstay rate' means, 
                      with respect to a country, the ratio of--
                                    ``(I) the total number of nationals 
                                of that country who were admitted to the 
                                United States on the basis of a 
                                nonimmigrant visa whose periods of 
                                authorized stays ended during a fiscal 
                                year but who remained unlawfully in the 
                                United States beyond such periods; to
                                    ``(II) the total number of nationals 
                                of that country who were admitted to the 
                                United States on the basis of a 
                                nonimmigrant visa during that fiscal 
                                year.
                          ``(iii) Report and publication.--
                      The <<NOTE: Federal 
                      Register, publication.>> Secretary of Homeland 
                      Security shall on the same date submit to Congress 
                      and publish in the Federal Register information 
                      relating to the maximum visa overstay rate 
                      established under clause (i). Not later than 60 
                      days after such date, the Secretary shall issue a 
                      final maximum visa overstay rate above which a 
                      country may not participate in the program.
            ``(9) Discretionary security-related considerations.--In 
        determining whether to waive the application of paragraph (2)(A) 
        for a country, pursuant to paragraph (8), the Secretary of 
        Homeland Security, in consultation with the Secretary of State, 
        shall take into consideration other factors affecting the 
        security of the United States, including--
                    ``(A) airport security standards in the country;

[[Page 121 STAT. 341]]

                    ``(B) whether the country assists in the operation 
                of an effective air marshal program;
                    ``(C) the standards of passports and travel 
                documents issued by the country; and
                    ``(D) other security-related factors, including the 
                country's cooperation with the United States' 
                initiatives toward combating terrorism and the country's 
                cooperation with the United States intelligence 
                community in sharing information regarding terrorist 
                threats.''.

    (d) Security Enhancements to the Visa Waiver Program.--
            (1) In general.--Section 217 of the Immigration and 
        Nationality Act (8 U.S.C. 1187) is amended--
                    (A) in subsection (a), in the flush text following 
                paragraph (9)--
                          (i) by striking ``Operators of aircraft'' and 
                      inserting the following:
            ``(10) Electronic transmission of identification 
        information.--Operators of aircraft''; and
                          (ii) by adding at the end the following new 
                      paragraph:
            ``(11) Eligibility determination under the electronic travel 
        authorization system.--Beginning on the date on which the 
        electronic travel authorization system developed under 
        subsection (h)(3) is fully operational, each alien traveling 
        under the program shall, before applying for admission to the 
        United States, electronically provide to the system biographical 
        information and such other information as the Secretary of 
        Homeland Security shall determine necessary to determine the 
        eligibility of, and whether there exists a law enforcement or 
        security risk in permitting, the alien to travel to the United 
        States. Upon review of such biographical information, the 
        Secretary of Homeland Security shall determine whether the alien 
        is eligible to travel to the United States under the program.'';
                    (B) in subsection (c)--
                          (i) in paragraph (2)--
                                    (I) by amending subparagraph (D) to 
                                read as follows:
                    ``(D) Reporting lost and stolen passports.--The 
                government of the country enters into an agreement with 
                the United States to report, or make available through 
                Interpol or other means as designated by the Secretary 
                of Homeland Security, to the United States Government 
                information about the theft or loss of passports within 
                a strict time limit and in a manner specified in the 
                agreement.''; and
                                    (II) by adding at the end the 
                                following new subparagraphs:
                    ``(E) Repatriation of aliens.--The government of the 
                country accepts for repatriation any citizen, former 
                citizen, or national of the country against whom a final 
                executable order of removal is issued not later than 
                three weeks after the issuance of the final order of 
                removal. Nothing in this subparagraph creates any duty 
                for the United States or any right for any alien with 
                respect to removal or release. Nothing in this 
                subparagraph gives rise to any cause of action or claim 
                under this paragraph or any other law against any 
                official of the United States or of any State

[[Page 121 STAT. 342]]

                to compel the release, removal, or consideration for 
                release or removal of any alien.
                    ``(F) Passenger information exchange.--The 
                government of the country enters into an agreement with 
                the United States to share information regarding whether 
                citizens and nationals of that country traveling to the 
                United States represent a threat to the security or 
                welfare of the United States or its citizens.'';
                          (ii) in paragraph (5)--
                                    (I) by striking ``Attorney General'' 
                                each place it appears and inserting 
                                ``Secretary of Homeland Security''; and
                                    (II) in subparagraph (A)(i)--
                                            (aa) in subclause (II), by 
                                        striking ``and'' at the end;
                                            (bb) in subclause (III)--

                                              
                                              
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                                            (cc) by adding at the end 
                                        the following new subclause:
                                    ``(IV) <<NOTE: Reports.>> shall 
                                submit to Congress a report regarding 
                                the implementation of the electronic 
                                travel authorization system under 
                                subsection (h)(3) and the participation 
                                of new countries in the program through 
                                a waiver under paragraph (8).''; and
                                    (III) in subparagraph (B), by adding 
                                at the end the following new clause:
                          ``(iv) Program suspension authority.--The 
                      Director of National Intelligence shall 
                      immediately inform the Secretary of Homeland 
                      Security of any current and credible threat which 
                      poses an imminent danger to the United States or 
                      its citizens and originates from a country 
                      participating in the visa waiver program. Upon 
                      receiving such notification, the Secretary, in 
                      consultation with the Secretary of State--
                                    ``(I) may suspend a country from the 
                                visa waiver program without prior 
                                notice;
                                    ``(II) <<NOTE: Notification.>> shall 
                                notify any country suspended under 
                                subclause (I) and, to the extent 
                                practicable without disclosing sensitive 
                                intelligence sources and methods, 
                                provide justification for the 
                                suspension; and
                                    ``(III) shall restore the suspended 
                                country's participation in the visa 
                                waiver program upon a determination that 
                                the threat no longer poses an imminent 
                                danger to the United States or its 
                                citizens.''; and

[[Page 121 STAT. 343]]

                          (iii) by adding at the end the following new 
                      paragraphs:
            ``(10) Technical assistance.--The Secretary of Homeland 
        Security, in consultation with the Secretary of State, shall 
        provide technical assistance to program countries to assist 
        those countries in meeting the requirements under this section. 
        The Secretary of Homeland Security shall ensure that the program 
        office within the Department of Homeland Security is adequately 
        staffed and has resources to be able to provide such technical 
        assistance, in addition to its duties to effectively monitor 
        compliance of the countries participating in the program with 
        all the requirements of the program.
            ``(11) Independent review.--
                    ``(A) In general.--Prior to the admission of a new 
                country into the program under this section, and in 
                conjunction with the periodic evaluations required under 
                subsection (c)(5)(A), the Director of National 
                Intelligence shall conduct an independent intelligence 
                assessment of a nominated country and member of the 
                program.
                    ``(B) Reporting requirement.--The Director shall 
                provide to the Secretary of Homeland Security, the 
                Secretary of State, and the Attorney General the 
                independent intelligence assessment required under 
                subparagraph (A).
                    ``(C) Contents.--The independent intelligence 
                assessment conducted by the Director shall include--
                          ``(i) a review of all current, credible 
                      terrorist threats of the subject country;
                          ``(ii) an evaluation of the subject country's 
                      counterterrorism efforts;
                          ``(iii) an evaluation as to the extent of the 
                      country's sharing of information beneficial to 
                      suppressing terrorist movements, financing, or 
                      actions;
                          ``(iv) an assessment of the risks associated 
                      with including the subject country in the program; 
                      and
                          ``(v) recommendations to mitigate the risks 
                      identified in clause (iv).'';
                    (C) in subsection (d)--
                          (i) by striking ``Attorney General'' and 
                      inserting ``Secretary of Homeland Security''; and
                          (ii) <<NOTE: Notification. Deadline.>> by 
                      adding at the end the following new sentence: 
                      ``The Secretary of Homeland Security may not waive 
                      any eligibility requirement under this section 
                      unless the Secretary notifies, with respect to the 
                      House of Representatives, the Committee on 
                      Homeland Security, the Committee on the Judiciary, 
                      the Committee on Foreign Affairs, and the 
                      Committee on Appropriations, and with respect to 
                      the Senate, the Committee on Homeland Security and 
                      Governmental Affairs, the Committee on the 
                      Judiciary, the Committee on Foreign Relations, and 
                      the Committee on Appropriations not later than 30 
                      days before the effective date of such waiver.'';
                    (D) in subsection (f)(5)--
                          (i) by striking ``Attorney General'' each 
                      place it appears and inserting ``Secretary of 
                      Homeland Security''; and

[[Page 121 STAT. 344]]

                          (ii) by striking ``of blank'' and inserting 
                      ``or loss of'';
                    (E) in subsection (h), by adding at the end the 
                following new paragraph:
            ``(3) Electronic travel authorization system.--
                    ``(A) System.--The Secretary of Homeland Security, 
                in consultation with the Secretary of State, shall 
                develop and implement a fully automated electronic 
                travel authorization system (referred to in this 
                paragraph as the `System') to collect such biographical 
                and other information as the Secretary of Homeland 
                Security determines necessary to determine, in advance 
                of travel, the eligibility of, and whether there exists 
                a law enforcement or security risk in permitting, the 
                alien to travel to the United States.
                    ``(B) Fees.--The Secretary of Homeland Security may 
                charge a fee for the use of the System, which shall be--
                          ``(i) set at a level that will ensure recovery 
                      of the full costs of providing and administering 
                      the System; and
                          ``(ii) available to pay the costs incurred to 
                      administer the System.
                    ``(C) Validity.--
                          ``(i) Period.--The Secretary of Homeland 
                      Security, in consultation with the Secretary of 
                      State, shall prescribe regulations that provide 
                      for a period, not to exceed three years, during 
                      which a determination of eligibility to travel 
                      under the program will be valid. Notwithstanding 
                      any other provision under this section, the 
                      Secretary of Homeland Security may revoke any such 
                      determination at any time and for any reason.
                          ``(ii) Limitation.--A determination by the 
                      Secretary of Homeland Security that an alien is 
                      eligible to travel to the United States under the 
                      program is not a determination that the alien is 
                      admissible to the United States.
                          ``(iii) Not a determination of visa 
                      eligibility.--A determination by the Secretary of 
                      Homeland Security that an alien who applied for 
                      authorization to travel to the United States 
                      through the System is not eligible to travel under 
                      the program is not a determination of eligibility 
                      for a visa to travel to the United States and 
                      shall not preclude the alien from applying for a 
                      visa.
                          ``(iv) Judicial review.--Notwithstanding any 
                      other provision of law, no court shall have 
                      jurisdiction to review an eligibility 
                      determination under the System.
                    ``(D) Report.--Not later than 60 days before 
                publishing notice regarding the implementation of the 
                System in the Federal Register, the Secretary of 
                Homeland Security shall submit a report regarding the 
                implementation of the system to--
                          ``(i) the Committee on Homeland Security of 
                      the House of Representatives;
                          ``(ii) the Committee on the Judiciary of the 
                      House of Representatives;

[[Page 121 STAT. 345]]

                          ``(iii) the Committee on Foreign Affairs of 
                      the House of Representatives;
                          ``(iv) the Permanent Select Committee on 
                      Intelligence of the House of Representatives;
                          ``(v) the Committee on Appropriations of the 
                      House of Representatives;
                          ``(vi) the Committee on Homeland Security and 
                      Governmental Affairs of the Senate;
                          ``(vii) the Committee on the Judiciary of the 
                      Senate;
                          ``(viii) the Committee on Foreign Relations of 
                      the Senate;
                          ``(ix) the Select Committee on Intelligence of 
                      the Senate; and
                          ``(x) the Committee on Appropriations of the 
                      Senate.''; and
                    (F) by adding at the end the following new 
                subsection:

    ``(i) Exit System.--
            ``(1) In general.--Not <<NOTE: Deadline.>> later than one 
        year after the date of the enactment of this subsection, the 
        Secretary of Homeland Security shall establish an exit system 
        that records the departure on a flight leaving the United States 
        of every alien participating in the visa waiver program 
        established under this section.
            ``(2) System requirements.--The system established under 
        paragraph (1) shall--
                    ``(A) match biometric information of the alien 
                against relevant watch lists and immigration 
                information; and
                    ``(B) compare such biometric information against 
                manifest information collected by air carriers on 
                passengers departing the United States to confirm such 
                aliens have departed the United States.
            ``(3) Report.--Not later than 180 days after the date of the 
        enactment of this subsection, the Secretary shall submit to 
        Congress a report that describes--
                    ``(A) the progress made in developing and deploying 
                the exit system established under this subsection; and
                    ``(B) the procedures by which the Secretary shall 
                improve the method of calculating the rates of 
                nonimmigrants who overstay their authorized period of 
                stay in the United States.''.
            (2) Effective date.--Section 217(a)(11) <<NOTE: Federal 
        Register, publication. 8 USC 1187 note.>> of the Immigration and 
        Nationality Act, as added by paragraph (1)(A)(ii), shall take 
        effect on the date that is 60 days after the date on which the 
        Secretary of Homeland Security publishes notice in the Federal 
        Register of the requirement under such paragraph.

    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as may be 
necessary to carry out this section and the amendments made by this 
section.

[[Page 121 STAT. 346]]

         Subtitle C--Strengthening Terrorism Prevention Programs

SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING 
                        AND TRAFFICKING CENTER.

    (a) In General.--Section 7202 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended--
            (1) in subsection (c)(1), by striking ``address'' and 
        inserting ``integrate and disseminate intelligence and 
        information related to'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (g) and (h), respectively; and
            (3) by inserting after subsection (c) the following new 
        subsections:

    ``(d) Director.--The Secretary of Homeland Security shall nominate 
an official of the Government of the United States to serve as the 
Director of the Center, in accordance with the requirements of the 
memorandum of understanding entitled the `Human Smuggling and 
Trafficking Center (HSTC) Charter'.
    ``(e) Staffing of the Center.--
            ``(1) In general.--The Secretary of Homeland Security, in 
        cooperation with heads of other relevant agencies and 
        departments, shall ensure that the Center is staffed with not 
        fewer than 40 full-time equivalent positions, including, as 
        appropriate, detailees from the following:
                    ``(A) Agencies and offices within the Department of 
                Homeland Security, including the following:
                          ``(i) The Office of Intelligence and Analysis.
                          ``(ii) The Transportation Security 
                      Administration.
                          ``(iii) United States Citizenship and 
                      Immigration Services.
                          ``(iv) United States Customs and Border 
                      Protection.
                          ``(v) The United States Coast Guard.
                          ``(vi) United States Immigration and Customs 
                      Enforcement.
                    ``(B) Other departments, agencies, or entities, 
                including the following:
                          ``(i) The Central Intelligence Agency.
                          ``(ii) The Department of Defense.
                          ``(iii) The Department of the Treasury.
                          ``(iv) The National Counterterrorism Center.
                          ``(v) The National Security Agency.
                          ``(vi) The Department of Justice.
                          ``(vii) The Department of State.
                          ``(viii) Any other relevant agency or 
                      department.
            ``(2) Expertise of detailees.--The Secretary of Homeland 
        Security, in cooperation with the head of each agency, 
        department, or other entity referred to in paragraph (1), shall 
        ensure that the detailees provided to the Center under such 
        paragraph include an adequate number of personnel who are--
                    ``(A) intelligence analysts or special agents with 
                demonstrated experience related to human smuggling, 
                trafficking in persons, or terrorist travel; and
                    ``(B) personnel with experience in the areas of--
                          ``(i) consular affairs;
                          ``(ii) counterterrorism;

[[Page 121 STAT. 347]]

                          ``(iii) criminal law enforcement;
                          ``(iv) intelligence analysis;
                          ``(v) prevention and detection of document 
                      fraud;
                          ``(vi) border inspection;
                          ``(vii) immigration enforcement; or
                          ``(viii) human trafficking and combating 
                      severe forms of trafficking in persons.
            ``(3) Enhanced personnel management.--
                    ``(A) Incentives for service in certain positions.--
                          ``(i) In general.--The Secretary of Homeland 
                      Security, and the heads of other relevant 
                      agencies, shall prescribe regulations or 
                      promulgate personnel policies to provide 
                      incentives for service on the staff of the Center, 
                      particularly for serving terms of at least two 
                      years duration.
                          ``(ii) Forms of incentives.--Incentives under 
                      clause (i) may include financial incentives, 
                      bonuses, and such other awards and incentives as 
                      the Secretary and the heads of other relevant 
                      agencies, consider appropriate.
                    ``(B) Enhanced promotion for service at the 
                center.--Notwithstanding any other provision of law, the 
                Secretary of Homeland Security, and the heads of other 
                relevant agencies, shall ensure that personnel who are 
                assigned or detailed to service at the Center shall be 
                considered for promotion at rates equivalent to or 
                better than similarly situated personnel of such 
                agencies who are not so assigned or detailed, except 
                that this subparagraph shall not apply in the case of 
                personnel who are subject to the provisions of the 
                Foreign Service Act of 1980.

    ``(f) Administrative Support and Funding.--The Secretary of Homeland 
Security shall provide to the Center the administrative support and 
funding required for its maintenance, including funding for personnel, 
leasing of office space, supplies, equipment, technology, training, and 
travel expenses necessary for the Center to carry out its functions.''.
    (b) Report.--Subsection (g) of section 7202 of the Intelligence 
Reform and Terrorism Prevention Act of 2004, as redesignated by 
subsection (a)(2), is amended to read as follows:
    ``(g) <<NOTE: President.>> Report.--
            ``(1) Initial report.--Not later than 180 days after 
        December 17, 2004, the President shall transmit to Congress a 
        report regarding the implementation of this section, including a 
        description of the staffing and resource needs of the Center.
            ``(2) Follow-up report.--Not later than 180 days after the 
        date of the enactment of the Implementing Recommendations of the 
        9/11 Commission Act of 2007, the President shall transmit to 
        Congress a report regarding the operation of the Center and the 
        activities carried out by the Center, including a description 
        of--
                    ``(A) the roles and responsibilities of each agency 
                or department that is participating in the Center;
                    ``(B) the mechanisms used to share information among 
                each such agency or department;
                    ``(C) the personnel provided to the Center by each 
                such agency or department;

[[Page 121 STAT. 348]]

                    ``(D) the type of information and reports being 
                disseminated by the Center;
                    ``(E) any efforts by the Center to create a 
                centralized Federal Government database to store 
                information related to unlawful travel of foreign 
                nationals, including a description of any such database 
                and of the manner in which information utilized in such 
                a database would be collected, stored, and shared;
                    ``(F) how each agency and department shall utilize 
                its resources to ensure that the Center uses 
                intelligence to focus and drive its efforts;
                    ``(G) efforts to consolidate networked systems for 
                the Center;
                    ``(H) the mechanisms for the sharing of homeland 
                security information from the Center to the Office of 
                Intelligence and Analysis, including how such sharing 
                shall be consistent with section 1016(b);
                    ``(I) the ability of participating personnel in the 
                Center to freely access necessary databases and share 
                information regarding issues related to human smuggling, 
                trafficking in persons, and terrorist travel;
                    ``(J) how the assignment of personnel to the Center 
                is incorporated into the civil service career path of 
                such personnel; and
                    ``(K) cooperation and coordination efforts, 
                including any memorandums of understanding, among 
                participating agencies and departments regarding issues 
                related to human smuggling, trafficking in persons, and 
                terrorist travel.''.

    (c) Coordination With the Office of Intelligence and Analysis.--
Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 
2004 is <<NOTE: 8 USC 1777.>> amended by adding after subsection (h), as 
redesignated by subsection (a)(2), the following new subsection:

    ``(i) Coordination <<NOTE: Reports.>> With the Office of 
Intelligence and Analysis.--The Office of Intelligence and Analysis, in 
coordination with the Center, shall submit to relevant State, local, and 
tribal law enforcement agencies periodic reports regarding terrorist 
threats related to human smuggling, human trafficking, and terrorist 
travel.''.

    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security $20,000,000 for 
fiscal year 2008 to carry out section 7202 of the Intelligence Reform 
and Terrorism Prevention Act of 2004, as amended by this section.
SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.

    Section 7215 of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (6 U.S.C. 123) is amended to read as follows:
``SEC. 7215. TERRORIST TRAVEL PROGRAM.

    ``(a) Requirement to Establish.--Not <<NOTE: Deadline.>> later than 
90 days after the date of the enactment of the Implementing 
Recommendations of the 9/11 Commission Act of 2007, the Secretary of 
Homeland Security, in consultation with the Director of the National 
Counterterrorism Center and consistent with the strategy developed under 
section 7201, shall establish a program to oversee the 


[[Page 121 STAT. 349]]

implementation of the Secretary's responsibilities with respect to 
terrorist travel.
    ``(b) Head of the Program.--The Secretary of Homeland Security shall 
designate an official of the Department of Homeland Security to be 
responsible for carrying out the program. Such official shall be--
            ``(1) the Assistant Secretary for Policy of the Department 
        of Homeland Security; or
            ``(2) an official appointed by the Secretary who reports 
        directly to the Secretary.

    ``(c) Duties.--The official designated under subsection (b) shall 
assist the Secretary of Homeland Security in improving the Department's 
ability to prevent terrorists from entering the United States or 
remaining in the United States undetected by--
            ``(1) developing relevant strategies and policies;
            ``(2) reviewing the effectiveness of existing programs and 
        recommending improvements, if necessary;
            ``(3) making recommendations on budget requests and on the 
        allocation of funding and personnel;
            ``(4) ensuring effective coordination, with respect to 
        policies, programs, planning, operations, and dissemination of 
        intelligence and information related to terrorist travel--
                    ``(A) among appropriate subdivisions of the 
                Department of Homeland Security, as determined by the 
                Secretary and including--
                          ``(i) United States Customs and Border 
                      Protection;
                          ``(ii) United States Immigration and Customs 
                      Enforcement;
                          ``(iii) United States Citizenship and 
                      Immigration Services;
                          ``(iv) the Transportation Security 
                      Administration; and
                          ``(v) the United States Coast Guard; and
                    ``(B) between the Department of Homeland Security 
                and other appropriate Federal agencies; and
            ``(5) serving as the Secretary's primary point of contact 
        with the National Counterterrorism Center for implementing 
        initiatives related to terrorist travel and ensuring that the 
        recommendations of the Center related to terrorist travel are 
        carried out by the Department.

    ``(d) Report.--Not later than 180 days after the date of the 
enactment of the Implementing Recommendations of the 9/11 Commission Act 
of 2007, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives a 
report on the implementation of this section.''.
SEC. 723. ENHANCED DRIVER'S LICENSE.

    Section 7209(b)(1) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (vi), by striking ``and'' at the end;
                    (B) in clause (vii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:

[[Page 121 STAT. 350]]

                          ``(viii) the signing of a memorandum of 
                      agreement to initiate a pilot program with not 
                      less than one State to determine if an enhanced 
                      driver's license, which is machine-readable and 
                      tamper proof, not valid for certification of 
                      citizenship for any purpose other than admission 
                      into the United States from Canada or Mexico, and 
                      issued by such State to an individual, may permit 
                      the individual to use the driver's license to meet 
                      the documentation requirements under subparagraph 
                      (A) for entry into the United States from Canada 
                      or Mexico at land and sea ports of entry.''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Report.--Not later than 180 days after the 
                initiation of the pilot program described in 
                subparagraph (B)(viii), the Secretary of Homeland 
                Security and the Secretary of State shall submit to the 
                appropriate congressional committees a report which 
                includes--
                          ``(i) an analysis of the impact of the pilot 
                      program on national security;
                          ``(ii) recommendations on how to expand the 
                      pilot program to other States;
                          ``(iii) any appropriate statutory changes to 
                      facilitate the expansion of the pilot program to 
                      additional States and to citizens of Canada;
                          ``(iv) a plan to screen individuals 
                      participating in the pilot program against United 
                      States terrorist watch lists; and
                          ``(v) a recommendation for the type of 
                      machine-readable technology that should be used in 
                      enhanced driver's licenses, based on individual 
                      privacy considerations and the costs and 
                      feasibility of incorporating any new technology 
                      into existing driver's licenses.''.
SEC. 724. <<NOTE: 8 USC 1185 note.>> WESTERN HEMISPHERE TRAVEL 
                        INITIATIVE.

    Before the Secretary of <<NOTE: Regulations. Federal 
Register, publication.>> Homeland Security publishes a final rule in the 
Federal Register implementing section 7209 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
note)--
            (1) the Secretary of Homeland Security shall complete a 
        cost-benefit analysis of the Western Hemisphere Travel 
        Initiative, authorized under such section 7209; and
            (2) the Secretary of State shall develop proposals for 
        reducing the execution fee charged for the passport card, 
        proposed at 71 Fed. Reg. 60928-32 (October 17, 2006), including 
        the use of mobile application teams, during implementation of 
        the land and sea phase of the Western Hemisphere Travel 
        Initiative, in order to encourage United States citizens to 
        apply for the passport card.
SEC. 725. <<NOTE: 8 USC 1752a.>> MODEL PORTS-OF-ENTRY.

    (a) In General.--The Secretary of Homeland Security shall--
            (1) establish a model ports-of-entry program for the purpose 
        of providing a more efficient and welcoming international 
        arrival process in order to facilitate and promote business and 
        tourist travel to the United States, while also improving 
        security; and

[[Page 121 STAT. 351]]

            (2) implement the program initially at the 20 United States 
        international airports that have the highest number of foreign 
        visitors arriving annually as of the date of the enactment of 
        this Act.

    (b) Program Elements.--The program shall include--
            (1) enhanced queue management in the Federal Inspection 
        Services area leading up to primary inspection;
            (2) assistance for foreign travelers once they have been 
        admitted to the United States, in consultation, as appropriate, 
        with relevant governmental and nongovernmental entities; and
            (3) instructional videos, in English and such other 
        languages as the Secretary determines appropriate, in the 
        Federal Inspection Services area that explain the United States 
        inspection process and feature national, regional, or local 
        welcome videos.

    (c) Additional Customs <<NOTE: Deadline.>> and Border Protection 
Officers for High-Volume Ports.--Subject to the availability of 
appropriations, not later than the end of fiscal year 2008 the Secretary 
of Homeland Security shall employ not fewer than an additional 200 
Customs and Border Protection officers over the number of such positions 
for which funds were appropriated for the proceeding fiscal year to 
address staff shortages at the 20 United States international airports 
that have the highest number of foreign visitors arriving annually as of 
the date of the enactment of this Act.

                  Subtitle D--Miscellaneous Provisions

SEC. 731. REPORT REGARDING BORDER SECURITY.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to Congress a report regarding ongoing initiatives of the Department of 
Homeland Security to improve security along the northern border of the 
United States.
    (b) Contents.--The report submitted under subsection (a) shall--
            (1) address the vulnerabilities along the northern border of 
        the United States; and
            (2) provide recommendations to address such vulnerabilities, 
        including required resources needed to protect the northern 
        border of the United States.

    (c) Government Accountability Office.--Not later than 270 days after 
the date of the submission of the report under subsection (a), the 
Comptroller General of the United States shall submit to Congress a 
report that--
            (1) reviews and comments on the report under subsection (a); 
        and
            (2) provides recommendations regarding any additional 
        actions necessary to protect the northern border of the United 
        States.

[[Page 121 STAT. 352]]

                 TITLE VIII--PRIVACY AND CIVIL LIBERTIES

SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND 
                        CIVIL LIBERTIES OVERSIGHT BOARD.

    (a) Modification of Authorities.--Section 1061 of the National 
Security Intelligence Reform Act of 2004 (5 U.S.C. 601 note) is amended 
to read as follows:
``SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

    ``(a) In General.--There is <<NOTE: Establishment.>> established as 
an independent agency within the executive branch a Privacy and Civil 
Liberties Oversight Board (referred to in this section as the `Board').

    ``(b) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            ``(1) In conducting the war on terrorism, the Government may 
        need additional powers and may need to enhance the use of its 
        existing powers.
            ``(2) This shift of power and authority to the Government 
        calls for an enhanced system of checks and balances to protect 
        the precious liberties that are vital to our way of life and to 
        ensure that the Government uses its powers for the purposes for 
        which the powers were given.
            ``(3) The National Commission on Terrorist Attacks Upon the 
        United States correctly concluded that `The choice between 
        security and liberty is a false choice, as nothing is more 
        likely to endanger America's liberties than the success of a 
        terrorist attack at home. Our history has shown us that 
        insecurity threatens liberty. Yet, if our liberties are 
        curtailed, we lose the values that we are struggling to 
        defend.'.

    ``(c) Purpose.--The Board shall--
            ``(1) analyze and review actions the executive branch takes 
        to protect the Nation from terrorism, ensuring that the need for 
        such actions is balanced with the need to protect privacy and 
        civil liberties; and
            ``(2) ensure that liberty concerns are appropriately 
        considered in the development and implementation of laws, 
        regulations, and policies related to efforts to protect the 
        Nation against terrorism.

    ``(d) Functions.--
            ``(1) Advice and counsel on policy development and 
        implementation.--The Board shall--
                    ``(A) review proposed legislation, regulations, and 
                policies related to efforts to protect the Nation from 
                terrorism, including the development and adoption of 
                information sharing guidelines under subsections (d) and 
                (f) of section 1016;
                    ``(B) review the implementation of new and existing 
                legislation, regulations, and policies related to 
                efforts to protect the Nation from terrorism, including 
                the implementation of information sharing guidelines 
                under subsections (d) and (f) of section 1016;
                    ``(C) advise the President and the departments, 
                agencies, and elements of the executive branch to ensure 
                that privacy and civil liberties are appropriately 
                considered in

[[Page 121 STAT. 353]]

                the development and implementation of such legislation, 
                regulations, policies, and guidelines; and
                    ``(D) in providing advice on proposals to retain or 
                enhance a particular governmental power, consider 
                whether the department, agency, or element of the 
                executive branch has established--
                          ``(i) that the need for the power is balanced 
                      with the need to protect privacy and civil 
                      liberties;
                          ``(ii) that there is adequate supervision of 
                      the use by the executive branch of the power to 
                      ensure protection of privacy and civil liberties; 
                      and
                          ``(iii) that there are adequate guidelines and 
                      oversight to properly confine its use.
            ``(2) Oversight.--The Board shall continually review--
                    ``(A) the regulations, policies, and procedures, and 
                the implementation of the regulations, policies, and 
                procedures, of the departments, agencies, and elements 
                of the executive branch relating to efforts to protect 
                the Nation from terrorism to ensure that privacy and 
                civil liberties are protected;
                    ``(B) the information sharing practices of the 
                departments, agencies, and elements of the executive 
                branch relating to efforts to protect the Nation from 
                terrorism to determine whether they appropriately 
                protect privacy and civil liberties and adhere to the 
                information sharing guidelines issued or developed under 
                subsections (d) and (f) of section 1016 and to other 
                governing laws, regulations, and policies regarding 
                privacy and civil liberties; and
                    ``(C) other actions by the executive branch relating 
                to efforts to protect the Nation from terrorism to 
                determine whether such actions--
                          ``(i) appropriately protect privacy and civil 
                      liberties; and
                          ``(ii) are consistent with governing laws, 
                      regulations, and policies regarding privacy and 
                      civil liberties.
            ``(3) Relationship with privacy and civil liberties 
        officers.--The Board shall--
                    ``(A) receive and review reports and other 
                information from privacy officers and civil liberties 
                officers under section 1062;
                    ``(B) when appropriate, make recommendations to such 
                privacy officers and civil liberties officers regarding 
                their activities; and
                    ``(C) when appropriate, coordinate the activities of 
                such privacy officers and civil liberties officers on 
                relevant interagency matters.
            ``(4) Testimony.--The members of the Board shall appear and 
        testify before Congress upon request.

    ``(e) Reports.--
            ``(1) In general.--The Board shall--
                    ``(A) receive and review reports from privacy 
                officers and civil liberties officers under section 
                1062; and
                    ``(B) periodically submit, not less than 
                semiannually, reports--
                          ``(i)(I) to the appropriate committees of 
                      Congress, including the Committee on the Judiciary 
                      of the Senate, the Committee on the Judiciary of 
                      the House

[[Page 121 STAT. 354]]

                      of Representatives, the Committee on Homeland 
                      Security and Governmental Affairs of the Senate, 
                      the Committee on Homeland Security of the House of 
                      Representatives, the Committee on Oversight and 
                      Government Reform of the House of Representatives, 
                      the Select Committee on Intelligence of the 
                      Senate, and the Permanent Select Committee on 
                      Intelligence of the House of Representatives; and
                          ``(II) to the President; and
                          ``(ii) which shall be in unclassified form to 
                      the greatest extent possible, with a classified 
                      annex where necessary.
            ``(2) Contents.--Not less than 2 reports submitted each year 
        under paragraph (1)(B) shall include--
                    ``(A) a description of the major activities of the 
                Board during the preceding period;
                    ``(B) information on the findings, conclusions, and 
                recommendations of the Board resulting from its advice 
                and oversight functions under subsection (d);
                    ``(C) the minority views on any findings, 
                conclusions, and recommendations of the Board resulting 
                from its advice and oversight functions under subsection 
                (d);
                    ``(D) each proposal reviewed by the Board under 
                subsection (d)(1) that--
                          ``(i) the Board advised against 
                      implementation; and
                          ``(ii) notwithstanding such advice, actions 
                      were taken to implement; and
                    ``(E) for the preceding period, any requests 
                submitted under subsection (g)(1)(D) for the issuance of 
                subpoenas that were modified or denied by the Attorney 
                General.

    ``(f) Informing the Public.--The Board shall--
            ``(1) make its reports, including its reports to Congress, 
        available to the public to the greatest extent that is 
        consistent with the protection of classified information and 
        applicable law; and
            ``(2) hold public hearings and otherwise inform the public 
        of its activities, as appropriate and in a manner consistent 
        with the protection of classified information and applicable 
        law.

    ``(g) Access to Information.--
            ``(1) Authorization.--If determined by the Board to be 
        necessary to carry out its responsibilities under this section, 
        the Board is authorized to--
                    ``(A) have access from any department, agency, or 
                element of the executive branch, or any Federal officer 
                or employee of any such department, agency, or element, 
                to all relevant records, reports, audits, reviews, 
                documents, papers, recommendations, or other relevant 
                material, including classified information consistent 
                with applicable law;
                    ``(B) interview, take statements from, or take 
                public testimony from personnel of any department, 
                agency, or element of the executive branch, or any 
                Federal officer or employee of any such department, 
                agency, or element;
                    ``(C) request information or assistance from any 
                State, tribal, or local government; and

[[Page 121 STAT. 355]]

                    ``(D) at the direction of a majority of the members 
                of the Board, submit a written request to the Attorney 
                General of the United States that the Attorney General 
                require, by subpoena, persons (other than departments, 
                agencies, and elements of the executive branch) to 
                produce any relevant information, documents, reports, 
                answers, records, accounts, papers, and other 
                documentary or testimonial evidence.
            ``(2) Review <<NOTE: Deadlines.>> of subpoena request.--
                    ``(A) In general.--Not later than 30 days after the 
                date of receipt of a request by the Board under 
                paragraph (1)(D), the Attorney General shall--
                          ``(i) issue the subpoena as requested; or
                          ``(ii) provide the Board, in writing, with an 
                      explanation of the grounds on which the subpoena 
                      request has been modified or denied.
                    ``(B) Notification.--If a subpoena request is 
                modified or denied under subparagraph (A)(ii), the 
                Attorney General shall, not later than 30 days after the 
                date of that modification or denial, notify the 
                Committee on the Judiciary of the Senate and the 
                Committee on the Judiciary of the House of 
                Representatives.
            ``(3) Enforcement of subpoena.--In the case of contumacy or 
        failure to obey a subpoena issued pursuant to paragraph (1)(D), 
        the United States district court for the judicial district in 
        which the subpoenaed person resides, is served, or may be found 
        may issue an order requiring such person to produce the evidence 
        required by such subpoena.
            ``(4) Agency cooperation.--Whenever information or 
        assistance requested under subparagraph (A) or (B) of paragraph 
        (1) is, in the judgment of the Board, unreasonably refused or 
        not provided, the Board shall report the circumstances to the 
        head of the department, agency, or element concerned without 
        delay. The head of the department, agency, or element concerned 
        shall ensure that the Board is given access to the information, 
        assistance, material, or personnel the Board determines to be 
        necessary to carry out its functions.

    ``(h) Membership.--
            ``(1) Members.--The <<NOTE: President. Congress.>> Board 
        shall be composed of a full-time chairman and 4 additional 
        members, who shall be appointed by the President, by and with 
        the advice and consent of the Senate.
            ``(2) Qualifications.--Members of the Board shall be 
        selected solely on the basis of their professional 
        qualifications, achievements, public stature, expertise in civil 
        liberties and privacy, and relevant experience, and without 
        regard to political affiliation, but in no event shall more than 
        3 members of the Board be members of the same political 
        party. <<NOTE: President.>> The President shall, before 
        appointing an individual who is not a member of the same 
        political party as the President, consult with the leadership of 
        that party, if any, in the Senate and House of Representatives.
            ``(3) Incompatible office.--An individual appointed to the 
        Board may not, while serving on the Board, be an elected 
        official, officer, or employee of the Federal Government, other 
        than in the capacity as a member of the Board.

[[Page 121 STAT. 356]]

            ``(4) Term.--Each member of the Board shall serve a term of 
        6 years, except that--
                    ``(A) a member appointed to a term of office after 
                the commencement of such term may serve under such 
                appointment only for the remainder of such term; and
                    ``(B) upon the expiration of the term of office of a 
                member, the member shall continue to serve until the 
                member's successor has been appointed and qualified, 
                except that no member may serve under this 
                subparagraph--
                          ``(i) for more than 60 days when Congress is 
                      in session unless a nomination to fill the vacancy 
                      shall have been submitted to the Senate; or
                          ``(ii) after the adjournment sine die of the 
                      session of the Senate in which such nomination is 
                      submitted.
            ``(5) Quorum and meetings.--The Board shall meet upon the 
        call of the chairman or a majority of its members. Three members 
        of the Board shall constitute a quorum.

    ``(i) Compensation and Travel Expenses.--
            ``(1) Compensation.--
                    ``(A) Chairman.--The chairman of the Board shall be 
                compensated at the rate of pay payable for a position at 
                level III of the Executive Schedule under section 5314 
                of title 5, United States Code.
                    ``(B) Members.--Each member of the Board shall be 
                compensated at a rate of pay payable for a position at 
                level IV of the Executive Schedule under section 5315 of 
                title 5, United States Code, for each day during which 
                that member is engaged in the actual performance of the 
                duties of the Board.
            ``(2) Travel expenses.--Members of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for persons employed 
        intermittently by the Government under section 5703(b) of title 
        5, United States Code, while away from their homes or regular 
        places of business in the performance of services for the Board.

    ``(j) Staff.--
            ``(1) Appointment and compensation.--The chairman of the 
        Board, in accordance with rules agreed upon by the Board, shall 
        appoint and fix the compensation of a full-time executive 
        director and such other personnel as may be necessary to enable 
        the Board to carry out its functions, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 of 
        such title relating to classification and General Schedule pay 
        rates, except that no rate of pay fixed under this subsection 
        may exceed the equivalent of that payable for a position at 
        level V of the Executive Schedule under section 5316 of title 5, 
        United States Code.
            ``(2) Detailees.--Any Federal employee may be detailed to 
        the Board without reimbursement from the Board, and such 
        detailee shall retain the rights, status, and privileges of the 
        detailee's regular employment without interruption.
            ``(3) Consultant services.--The Board may procure the 
        temporary or intermittent services of experts and consultants in 
        accordance with section 3109 of title 5, United States Code,

[[Page 121 STAT. 357]]

        at rates that do not exceed the daily rate paid a person 
        occupying a position at level IV of the Executive Schedule under 
        section 5315 of such title.

    ``(k) Security Clearances.--
            ``(1) In general.--The appropriate departments, agencies, 
        and elements of the executive branch shall cooperate with the 
        Board to expeditiously provide the Board members and staff with 
        appropriate security clearances to the extent possible under 
        existing procedures and requirements.
            ``(2) Rules and procedures.--After consultation with the 
        Secretary of Defense, the Attorney General, and the Director of 
        National Intelligence, the Board shall adopt rules and 
        procedures of the Board for physical, communications, computer, 
        document, personnel, and other security relating to carrying out 
        the functions of the Board.

    ``(l) Treatment as Agency, Not as Advisory Committee.--The Board--
            ``(1) is an agency (as defined in section 551(1) of title 5, 
        United States Code); and
            ``(2) is not an advisory committee (as defined in section 
        3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).

    ``(m) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section amounts as follows:
            ``(1) For fiscal year 2008, $5,000,000.
            ``(2) For fiscal year 2009, $6,650,000.
            ``(3) For fiscal year 2010, $8,300,000.
            ``(4) For fiscal year 2011, $10,000,000.
            ``(5) For fiscal year 2012 and each subsequent fiscal year, 
        such sums as may be necessary.''.

    (b) Security Rules and Procedures.--The <<NOTE: 42 USC 2000ee 
note.>> Privacy and Civil Liberties Oversight Board shall promptly adopt 
the security rules and procedures required under section 1061(k)(2) of 
the National Security Intelligence Reform Act of 2004 (as added by 
subsection (a) of this section).

    (c) Transition <<NOTE: 42 USC 2000ee note.>> Provisions.--
            (1) Treatment of incumbent members of the privacy and civil 
        liberties oversight board.--
                    (A) Continuation of service.--Any individual who is 
                a member of the Privacy and Civil Liberties Oversight 
                Board on the date of enactment of this Act may continue 
                to serve on the Board until 180 days after the date of 
                enactment of this Act.
                    (B) Termination of terms.--The term of any 
                individual who is a member of the Privacy and Civil 
                Liberties Oversight Board on the date of enactment of 
                this Act shall terminate 180 days after the date of 
                enactment of this Act.
            (2) <<NOTE: President.>> Appointments.--
                    (A) In general.--The <<NOTE: Congress.>> President 
                and the Senate shall take such actions as necessary for 
                the President, by and with the advice and consent of the 
                Senate, to appoint members to the Privacy and Civil 
                Liberties Oversight Board as constituted under the 
                amendments made by subsection (a) in a timely manner to 
                provide for the continuing operation of the Board and 
                orderly implementation of this section.

[[Page 121 STAT. 358]]

                    (B) Designations.--In making the appointments 
                described under subparagraph (A) of the first members of 
                the Privacy and Civil Liberties Oversight Board as 
                constituted under the amendments made by subsection (a), 
                the President shall provide for the members to serve 
                terms of 2, 3, 4, 5, and 6 years beginning on the 
                effective date described under subsection (d)(1), with 
                the term of each such member to be designated by the 
                President.

    (d) Effective <<NOTE: 42 USC 2000ee note.>> Date.--
            (1) In general.--The amendments made by subsection (a) and 
        subsection (b) shall take effect 180 days after the date of 
        enactment of this Act.
            (2) Transition provisions.--Subsection (c) shall take effect 
        on the date of enactment of this Act.
SEC. 802. DEPARTMENT PRIVACY OFFICER.

    Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is 
amended--
            (1) by inserting ``(a) Appointment and Responsibilities.--'' 
        before ``The Secretary''; and
            (2) by adding at the end the following:

    ``(b) Authority To Investigate.--
            ``(1) In general.--The senior official appointed under 
        subsection (a) may--
                    ``(A) have access to all records, reports, audits, 
                reviews, documents, papers, recommendations, and other 
                materials available to the Department that relate to 
                programs and operations with respect to the 
                responsibilities of the senior official under this 
                section;
                    ``(B) make such investigations and reports relating 
                to the administration of the programs and operations of 
                the Department as are, in the senior official's 
                judgment, necessary or desirable;
                    ``(C) subject to the approval of the Secretary, 
                require by subpoena the production, by any person other 
                than a Federal agency, of all information, documents, 
                reports, answers, records, accounts, papers, and other 
                data and documentary evidence necessary to performance 
                of the responsibilities of the senior official under 
                this section; and
                    ``(D) administer to or take from any person an oath, 
                affirmation, or affidavit, whenever necessary to 
                performance of the responsibilities of the senior 
                official under this section.
            ``(2) Enforcement of subpoenas.--Any subpoena issued under 
        paragraph (1)(C) shall, in the case of contumacy or refusal to 
        obey, be enforceable by order of any appropriate United States 
        district court.
            ``(3) Effect of oaths.--Any oath, affirmation, or affidavit 
        administered or taken under paragraph (1)(D) by or before an 
        employee of the Privacy Office designated for that purpose by 
        the senior official appointed under subsection (a) shall have 
        the same force and effect as if administered or taken by or 
        before an officer having a seal of office.

    ``(c) Supervision and Coordination.--
            ``(1) In general.--The senior official appointed under 
        subsection (a) shall--

[[Page 121 STAT. 359]]

                    ``(A) report to, and be under the general 
                supervision of, the Secretary; and
                    ``(B) coordinate activities with the Inspector 
                General of the Department in order to avoid duplication 
                of effort.
            ``(2) Coordination with the inspector general.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the senior official appointed under 
                subsection (a) may investigate any matter relating to 
                possible violations or abuse concerning the 
                administration of any program or operation of the 
                Department relevant to the purposes under this section.
                    ``(B) Coordination.--
                          ``(i) Referral.--Before initiating any 
                      investigation described under subparagraph (A), 
                      the senior official shall refer the matter and all 
                      related complaints, allegations, and information 
                      to the Inspector General of the Department.
                          ``(ii) Determinations <<NOTE: Deadlines.>> and 
                      notifications by the inspector general.--
                                    ``(I) In general.--Not later than 30 
                                days after the receipt of a matter 
                                referred under clause (i), the Inspector 
                                General shall--
                                            ``(aa) make a determination 
                                        regarding whether the Inspector 
                                        General intends to initiate an 
                                        audit or investigation of the 
                                        matter referred under clause 
                                        (i); and
                                            ``(bb) notify the senior 
                                        official of that determination.
                                    ``(II) Investigation not 
                                initiated.--If the Inspector General 
                                notifies the senior official under 
                                subclause (I)(bb) that the Inspector 
                                General intended to initiate an audit or 
                                investigation, but does not initiate 
                                that audit or investigation within 90 
                                days after providing that notification, 
                                the Inspector General shall further 
                                notify the senior official that an audit 
                                or investigation was not initiated. The 
                                further notification under this 
                                subclause shall be made not later than 3 
                                days after the end of that 90-day 
                                period.
                          ``(iii) Investigation by senior official.--The 
                      senior official may investigate a matter referred 
                      under clause (i) if--
                                    ``(I) 
                                the <<NOTE: Notification.>> Inspector 
                                General notifies the senior official 
                                under clause (ii)(I)(bb) that the 
                                Inspector General does not intend to 
                                initiate an audit or investigation 
                                relating to that matter; or
                                    ``(II) the Inspector General 
                                provides a further notification under 
                                clause (ii)(II) relating to that matter.
                          ``(iv) Privacy training.--Any employee of the 
                      Office of Inspector General who audits or 
                      investigates any matter referred under clause (i) 
                      shall be required to receive adequate training on 
                      privacy laws, rules, and regulations, to be 
                      provided by an entity approved by the Inspector 
                      General in consultation with the senior official 
                      appointed under subsection (a).

[[Page 121 STAT. 360]]

    ``(d) Notification to Congress on Removal.--If the Secretary removes 
the senior official appointed under subsection (a) or transfers that 
senior official to another position or location within the Department, 
the Secretary shall--
            ``(1) promptly submit a written notification of the removal 
        or transfer to Houses of Congress; and
            ``(2) include in any such notification the reasons for the 
        removal or transfer.

    ``(e) Reports by Senior Official to Congress.--The senior official 
appointed under subsection (a) shall--
            ``(1) submit reports directly to the Congress regarding 
        performance of the responsibilities of the senior official under 
        this section, without any prior comment or amendment by the 
        Secretary, Deputy Secretary, or any other officer or employee of 
        the Department or the Office of Management and Budget; and
            ``(2) inform the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on Homeland 
        Security of the House of Representatives not later than--
                    ``(A) 30 days after the Secretary disapproves the 
                senior official's request for a subpoena under 
                subsection (b)(1)(C) or the Secretary substantively 
                modifies the requested subpoena; or
                    ``(B) 45 days after the senior official's request 
                for a subpoena under subsection (b)(1)(C), if that 
                subpoena has not either been approved or disapproved by 
                the Secretary.''.
SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    (a) In General.--Section 1062 of the National Security Intelligence 
Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3688) is 
amended to read as follows:
``SEC. 1062. <<NOTE: 42 USC 2000ee-1.>> PRIVACY AND CIVIL 
                          LIBERTIES OFFICERS.

    ``(a) Designation and Functions.--The Attorney General, the 
Secretary of Defense, the Secretary of State, the Secretary of the 
Treasury, the Secretary of Health and Human Services, the Secretary of 
Homeland Security, the Director of National Intelligence, the Director 
of the Central Intelligence Agency, and the head of any other 
department, agency, or element of the executive branch designated by the 
Privacy and Civil Liberties Oversight Board under section 1061 to be 
appropriate for coverage under this section shall designate not less 
than 1 senior officer to serve as the principal advisor to--
            ``(1) assist the head of such department, agency, or element 
        and other officials of such department, agency, or element in 
        appropriately considering privacy and civil liberties concerns 
        when such officials are proposing, developing, or implementing 
        laws, regulations, policies, procedures, or guidelines related 
        to efforts to protect the Nation against terrorism;
            ``(2) periodically investigate and review department, 
        agency, or element actions, policies, procedures, guidelines, 
        and related laws and their implementation to ensure that such 
        department, agency, or element is adequately considering privacy 
        and civil liberties in its actions;
            ``(3) ensure that such department, agency, or element has 
        adequate procedures to receive, investigate, respond to, and

[[Page 121 STAT. 361]]

        redress complaints from individuals who allege such department, 
        agency, or element has violated their privacy or civil 
        liberties; and
            ``(4) in providing advice on proposals to retain or enhance 
        a particular governmental power the officer shall consider 
        whether such department, agency, or element has established--
                    ``(A) that the need for the power is balanced with 
                the need to protect privacy and civil liberties;
                    ``(B) that there is adequate supervision of the use 
                by such department, agency, or element of the power to 
                ensure protection of privacy and civil liberties; and
                    ``(C) that there are adequate guidelines and 
                oversight to properly confine its use.

    ``(b) Exception to Designation Authority.--
            ``(1) Privacy officers.--In any department, agency, or 
        element referred to in subsection (a) or designated by the 
        Privacy and Civil Liberties Oversight Board, which has a 
        statutorily created privacy officer, such officer shall perform 
        the functions specified in subsection (a) with respect to 
        privacy.
            ``(2) Civil liberties officers.--In any department, agency, 
        or element referred to in subsection (a) or designated by the 
        Board, which has a statutorily created civil liberties officer, 
        such officer shall perform the functions specified in subsection 
        (a) with respect to civil liberties.

    ``(c) Supervision and Coordination.--Each privacy officer or civil 
liberties officer described in subsection (a) or (b) shall--
            ``(1) report directly to the head of the department, agency, 
        or element concerned; and
            ``(2) coordinate their activities with the Inspector General 
        of such department, agency, or element to avoid duplication of 
        effort.

    ``(d) Agency Cooperation.--The head of each department, agency, or 
element shall ensure that each privacy officer and civil liberties 
officer--
            ``(1) has the information, material, and resources necessary 
        to fulfill the functions of such officer;
            ``(2) is advised of proposed policy changes;
            ``(3) is consulted by decision makers; and
            ``(4) is given access to material and personnel the officer 
        determines to be necessary to carry out the functions of such 
        officer.

    ``(e) Reprisal for Making Complaint.--No action constituting a 
reprisal, or threat of reprisal, for making a complaint or for 
disclosing information to a privacy officer or civil liberties officer 
described in subsection (a) or (b), or to the Privacy and Civil 
Liberties Oversight Board, that indicates a possible violation of 
privacy protections or civil liberties in the administration of the 
programs and operations of the Federal Government relating to efforts to 
protect the Nation from terrorism shall be taken by any Federal employee 
in a position to take such action, unless the complaint was made or the 
information was disclosed with the knowledge that it was false or with 
willful disregard for its truth or falsity.
    ``(f) Periodic Reports.--
            ``(1) In general.--The privacy officers and civil liberties 
        officers of each department, agency, or element referred to or 
        described in subsection (a) or (b) shall periodically, but

[[Page 121 STAT. 362]]

        not less than quarterly, submit a report on the activities of 
        such officers--
                    ``(A)(i) to the appropriate committees of Congress, 
                including the Committee on the Judiciary of the Senate, 
                the Committee on the Judiciary of the House of 
                Representatives, the Committee on Homeland Security and 
                Governmental Affairs of the Senate, the Committee on 
                Oversight and Government Reform of the House of 
                Representatives, the Select Committee on Intelligence of 
                the Senate, and the Permanent Select Committee on 
                Intelligence of the House of Representatives;
                    ``(ii) to the head of such department, agency, or 
                element; and
                    ``(iii) to the Privacy and Civil Liberties Oversight 
                Board; and
                    ``(B) which shall be in unclassified form to the 
                greatest extent possible, with a classified annex where 
                necessary.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include information on the discharge of each of the 
        functions of the officer concerned, including--
                    ``(A) information on the number and types of reviews 
                undertaken;
                    ``(B) the type of advice provided and the response 
                given to such advice;
                    ``(C) the number and nature of the complaints 
                received by the department, agency, or element concerned 
                for alleged violations; and
                    ``(D) a summary of the disposition of such 
                complaints, the reviews and inquiries conducted, and the 
                impact of the activities of such officer.

    ``(g) Informing the Public.--Each privacy officer and civil 
liberties officer shall--
            ``(1) make the reports of such officer, including reports to 
        Congress, available to the public to the greatest extent that is 
        consistent with the protection of classified information and 
        applicable law; and
            ``(2) otherwise inform the public of the activities of such 
        officer, as appropriate and in a manner consistent with the 
        protection of classified information and applicable law.

    ``(h) Savings Clause.--Nothing in this section shall be construed to 
limit or otherwise supplant any other authorities or responsibilities 
provided by law to privacy officers or civil liberties officers.''.
    (b) Clerical Amendment.--The table of contents for the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is 
amended by striking the item relating to section 1062 and inserting the 
following new item:

``Sec. 1062. Privacy and civil liberties officers.''.

SEC. 804. <<NOTE: Federal Agency Data Mining Reporting Act of 
                        2007. 42 USC 2000ee-3.>> FEDERAL AGENCY 
                        DATA MINING REPORTING ACT OF 2007.

    (a) Short Title.--This section may be cited as the ``Federal Agency 
Data Mining Reporting Act of 2007''.
    (b) Definitions.--In this section:
            (1) Data mining.--The term ``data mining'' means a program 
        involving pattern-based queries, searches, or other analyses of 
        1 or more electronic databases, where--

[[Page 121 STAT. 363]]

                    (A) a department or agency of the Federal 
                Government, or a non-Federal entity acting on behalf of 
                the Federal Government, is conducting the queries, 
                searches, or other analyses to discover or locate a 
                predictive pattern or anomaly indicative of terrorist or 
                criminal activity on the part of any individual or 
                individuals;
                    (B) the queries, searches, or other analyses are not 
                subject-based and do not use personal identifiers of a 
                specific individual, or inputs associated with a 
                specific individual or group of individuals, to retrieve 
                information from the database or databases; and
                    (C) the purpose of the queries, searches, or other 
                analyses is not solely--
                          (i) the detection of fraud, waste, or abuse in 
                      a Government agency or program; or
                          (ii) the security of a Government computer 
                      system.
            (2) Database.--The term ``database'' does not include 
        telephone directories, news reporting, information publicly 
        available to any member of the public without payment of a fee, 
        or databases of judicial and administrative opinions or other 
        legal research sources.

    (c) Reports on Data Mining Activities by Federal Agencies.--
            (1) Requirement for report.--The head of each department or 
        agency of the Federal Government that is engaged in any activity 
        to use or develop data mining shall submit a report to Congress 
        on all such activities of the department or agency under the 
        jurisdiction of that official. The report shall be produced in 
        coordination with the privacy officer of that department or 
        agency, if applicable, and shall be made available to the 
        public, except for an annex described in subparagraph (C).
            (2) Content of report.--Each report submitted under 
        subparagraph (A) shall include, for each activity to use or 
        develop data mining, the following information:
                    (A) A thorough description of the data mining 
                activity, its goals, and, where appropriate, the target 
                dates for the deployment of the data mining activity.
                    (B) A thorough description of the data mining 
                technology that is being used or will be used, including 
                the basis for determining whether a particular pattern 
                or anomaly is indicative of terrorist or criminal 
                activity.
                    (C) A thorough description of the data sources that 
                are being or will be used.
                    (D) An assessment of the efficacy or likely efficacy 
                of the data mining activity in providing accurate 
                information consistent with and valuable to the stated 
                goals and plans for the use or development of the data 
                mining activity.
                    (E) An assessment of the impact or likely impact of 
                the implementation of the data mining activity on the 
                privacy and civil liberties of individuals, including a 
                thorough description of the actions that are being taken 
                or will be taken with regard to the property, privacy, 
                or other rights or privileges of any individual or 
                individuals as a result of the implementation of the 
                data mining activity.

[[Page 121 STAT. 364]]

                    (F) A list and analysis of the laws and regulations 
                that govern the information being or to be collected, 
                reviewed, gathered, analyzed, or used in conjunction 
                with the data mining activity, to the extent applicable 
                in the context of the data mining activity.
                    (G) A thorough discussion of the policies, 
                procedures, and guidelines that are in place or that are 
                to be developed and applied in the use of such data 
                mining activity in order to--
                          (i) protect the privacy and due process rights 
                      of individuals, such as redress procedures; and
                          (ii) ensure that only accurate and complete 
                      information is collected, reviewed, gathered, 
                      analyzed, or used, and guard against any harmful 
                      consequences of potential inaccuracies.
            (3) Annex.--
                    (A) In general.--A report under subparagraph (A) 
                shall include in an annex any necessary--
                          (i) classified information;
                          (ii) law enforcement sensitive information;
                          (iii) proprietary business information; or
                          (iv) trade secrets (as that term is defined in 
                      section 1839 of title 18, United States Code).
                    (B) Availability.--Any annex described in clause 
                (i)--
                          (i) shall be available, as appropriate, and 
                      consistent with the National Security Act of 1947 
                      (50 U.S.C. 401 et seq.), to the Committee on 
                      Homeland Security and Governmental Affairs, the 
                      Committee on the Judiciary, the Select Committee 
                      on Intelligence, the Committee on Appropriations, 
                      and the Committee on Banking, Housing, and Urban 
                      Affairs of the Senate and the Committee on 
                      Homeland Security, the Committee on the Judiciary, 
                      the Permanent Select Committee on Intelligence, 
                      the Committee on Appropriations, and the Committee 
                      on Financial Services of the House of 
                      Representatives; and
                          (ii) shall not be made available to the 
                      public.
            (4) Time for report.--Each report required under 
        subparagraph (A) shall be--
                    (A) submitted not later than 180 days after the date 
                of enactment of this Act; and
                    (B) updated not less frequently than annually 
                thereafter, to include any activity to use or develop 
                data mining engaged in after the date of the prior 
                report submitted under subparagraph (A).

                  TITLE IX--PRIVATE SECTOR PREPAREDNESS

SEC. 901. PRIVATE SECTOR PREPAREDNESS.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.), as amended by section 409, is further amended by 
adding at the end the following:

[[Page 121 STAT. 365]]

``SEC. 523. <<NOTE: 6 USC 321l.>> GUIDANCE AND RECOMMENDATIONS.

    ``(a) In General.--Consistent with their responsibilities and 
authorities under law, as of the day before the date of the enactment of 
this section, the Administrator and the Assistant Secretary for 
Infrastructure Protection, in consultation with the private sector, may 
develop guidance or recommendations and identify best practices to 
assist or foster action by the private sector in--
            ``(1) identifying potential hazards and assessing risks and 
        impacts;
            ``(2) mitigating the impact of a wide variety of hazards, 
        including weapons of mass destruction;
            ``(3) managing necessary emergency preparedness and response 
        resources;
            ``(4) developing mutual aid agreements;
            ``(5) developing and maintaining emergency preparedness and 
        response plans, and associated operational procedures;
            ``(6) developing and conducting training and exercises to 
        support and evaluate emergency preparedness and response plans 
        and operational procedures;
            ``(7) developing and conducting training programs for 
        security guards to implement emergency preparedness and response 
        plans and operations procedures; and
            ``(8) developing procedures to respond to requests for 
        information from the media or the public.

    ``(b) Issuance and Promotion.--Any guidance or recommendations 
developed or best practices identified under subsection (a) shall be--
            ``(1) issued through the Administrator; and
            ``(2) promoted by the Secretary to the private sector.

    ``(c) Small Business Concerns.--In developing guidance or 
recommendations or identifying best practices under subsection (a), the 
Administrator and the Assistant Secretary for Infrastructure Protection 
shall take into consideration small business concerns (under the meaning 
given that term in section 3 of the Small Business Act (15 U.S.C. 632)), 
including any need for separate guidance or recommendations or best 
practices, as necessary and appropriate.
    ``(d) Rule of Construction.--Nothing in this section may be 
construed to supersede any requirement established under any other 
provision of law.
``SEC. 524. <<NOTE: 6 USC 321m.>> VOLUNTARY PRIVATE SECTOR 
                        PREPAREDNESS ACCREDITATION AND 
                        CERTIFICATION PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary, acting through the officer 
        designated under paragraph (2), shall establish and implement 
        the voluntary private sector preparedness accreditation and 
        certification program in accordance with this section.
            ``(2) Designation of officer.--The Secretary shall designate 
        an officer responsible for the accreditation and certification 
        program under this section. Such officer (hereinafter referred 
        to in this section as the `designated officer') shall be one of 
        the following:
                    ``(A) The Administrator, based on consideration of--
                          ``(i) the expertise of the Administrator in 
                      emergency management and preparedness in the 
                      United States; and

[[Page 121 STAT. 366]]

                          ``(ii) the responsibilities of the 
                      Administrator as the principal advisor to the 
                      President for all matters relating to emergency 
                      management in the United States.
                    ``(B) The Assistant Secretary for Infrastructure 
                Protection, based on consideration of the expertise of 
                the Assistant Secretary in, and responsibilities for--
                          ``(i) protection of critical infrastructure;
                          ``(ii) risk assessment methodologies; and
                          ``(iii) interacting with the private sector on 
                      the issues described in clauses (i) and (ii).
                    ``(C) The Under Secretary for Science and 
                Technology, based on consideration of the expertise of 
                the Under Secretary in, and responsibilities associated 
                with, standards.
            ``(3) Coordination.--In carrying out the accreditation and 
        certification program under this section, the designated officer 
        shall coordinate with--
                    ``(A) the other officers of the Department referred 
                to in paragraph (2), using the expertise and 
                responsibilities of such officers; and
                    ``(B) the Special Assistant to the Secretary for the 
                Private Sector, based on consideration of the expertise 
                of the Special Assistant in, and responsibilities for, 
                interacting with the private sector.

    ``(b) Voluntary Private Sector Preparedness Standards; Voluntary 
Accreditation and Certification Program for the Private Sector.--
            ``(1) Accreditation and <<NOTE: Deadline.>> certification 
        program.--Not later than 210 days after the date of enactment of 
        the Implementing Recommendations of the 9/11 Commission Act of 
        2007, the designated officer shall--
                    ``(A) begin supporting the development and updating, 
                as necessary, of voluntary preparedness standards 
                through appropriate organizations that coordinate or 
                facilitate the development and use of voluntary 
                consensus standards and voluntary consensus standards 
                development organizations; and
                    ``(B) in consultation with representatives of 
                appropriate organizations that coordinate or facilitate 
                the development and use of voluntary consensus 
                standards, appropriate voluntary consensus standards 
                development organizations, each private sector advisory 
                council created under section 102(f)(4), appropriate 
                representatives of State and local governments, 
                including emergency management officials, and 
                appropriate private sector advisory groups, such as 
                sector coordinating councils and information sharing and 
                analysis centers--
                          ``(i) develop and promote a program to certify 
                      the preparedness of private sector entities that 
                      voluntarily choose to seek certification under the 
                      program; and
                          ``(ii) implement the program under this 
                      subsection through any entity with which the 
                      designated officer enters into an agreement under 
                      paragraph (3)(A), which shall accredit third 
                      parties to carry out the certification process 
                      under this section.
            ``(2) Program elements.--
                    ``(A) In general.--

[[Page 121 STAT. 367]]

                          ``(i) Program.--The program developed and 
                      implemented under this subsection shall assess 
                      whether a private sector entity complies with 
                      voluntary preparedness standards.
                          ``(ii) Guidelines.--In developing the program 
                      under this subsection, the designated officer 
                      shall develop guidelines for the accreditation and 
                      certification processes established under this 
                      subsection.
                    ``(B) Standards.--The designated officer, in 
                consultation with representatives of appropriate 
                organizations that coordinate or facilitate the 
                development and use of voluntary consensus standards, 
                representatives of appropriate voluntary consensus 
                standards development organizations, each private sector 
                advisory council created under section 102(f)(4), 
                appropriate representatives of State and local 
                governments, including emergency management officials, 
                and appropriate private sector advisory groups such as 
                sector coordinating councils and information sharing and 
                analysis centers--
                          ``(i) shall adopt one or more appropriate 
                      voluntary preparedness standards that promote 
                      preparedness, which may be tailored to address the 
                      unique nature of various sectors within the 
                      private sector, as necessary and appropriate, that 
                      shall be used in the accreditation and 
                      certification program under this subsection; and
                          ``(ii) after the adoption of one or more 
                      standards under clause (i), may adopt additional 
                      voluntary preparedness standards or modify or 
                      discontinue the use of voluntary preparedness 
                      standards for the accreditation and certification 
                      program, as necessary and appropriate to promote 
                      preparedness.
                    ``(C) Submission of recommendations.--In adopting 
                one or more standards under subparagraph (B), the 
                designated officer may receive recommendations from any 
                entity described in that subparagraph relating to 
                appropriate voluntary preparedness standards, including 
                appropriate sector specific standards, for adoption in 
                the program.
                    ``(D) Small business concerns.--The designated 
                officer and any entity with which the designated officer 
                enters into an agreement under paragraph (3)(A) shall 
                establish separate classifications and methods of 
                certification for small business concerns (under the 
                meaning given that term in section 3 of the Small 
                Business Act (15 U.S.C. 632)) for the program under this 
                subsection.
                    ``(E) Considerations.--In developing and 
                implementing the program under this subsection, the 
                designated officer shall--
                          ``(i) consider the unique nature of various 
                      sectors within the private sector, including 
                      preparedness standards, business continuity 
                      standards, or best practices, established--
                                    ``(I) under any other provision of 
                                Federal law; or

[[Page 121 STAT. 368]]

                                    ``(II) by any sector-specific 
                                agency, as defined under Homeland 
                                Security Presidential Directive-7; and
                          ``(ii) coordinate the program, as appropriate, 
                      with--
                                    ``(I) other Department private 
                                sector related programs; and
                                    ``(II) preparedness and business 
                                continuity programs in other Federal 
                                agencies.
            ``(3) Accreditation and certification processes.--
                    ``(A) Agreement.--
                          ``(i) In general.--
                      Not <<NOTE: Deadline.>> later than 210 days after 
                      the date of enactment of the Implementing 
                      Recommendations of the 9/11 Commission Act of 
                      2007, the designated officer shall enter into one 
                      or more agreements with a highly qualified 
                      nongovernmental entity with experience or 
                      expertise in coordinating and facilitating the 
                      development and use of voluntary consensus 
                      standards and in managing or implementing 
                      accreditation and certification programs for 
                      voluntary consensus standards, or a similarly 
                      qualified private sector entity, to carry out 
                      accreditations and oversee the certification 
                      process under this subsection. An entity entering 
                      into an agreement with the designated officer 
                      under this clause (hereinafter referred to in this 
                      section as a `selected entity') shall not perform 
                      certifications under this subsection.
                          ``(ii) Contents.--A selected entity shall 
                      manage the accreditation process and oversee the 
                      certification process in accordance with the 
                      program established under this subsection and 
                      accredit qualified third parties to carry out the 
                      certification program established under this 
                      subsection.
                    ``(B) Procedures and requirements for accreditation 
                and certification.--
                          ``(i) In general.--Any selected entity shall 
                      collaborate to develop procedures and requirements 
                      for the accreditation and certification processes 
                      under this subsection, in accordance with the 
                      program established under this subsection and 
                      guidelines developed under paragraph (2)(A)(ii).
                          ``(ii) Contents and use.--The procedures and 
                      requirements developed under clause (i) shall--
                                    ``(I) ensure reasonable uniformity 
                                in any accreditation and certification 
                                processes if there is more than one 
                                selected entity; and
                                    ``(II) be used by any selected 
                                entity in conducting accreditations and 
                                overseeing the certification process 
                                under this subsection.
                          ``(iii) Disagreement.--Any disagreement among 
                      selected entities in developing procedures under 
                      clause (i) shall be resolved by the designated 
                      officer.
                    ``(C) Designation.--A selected entity may accredit 
                any qualified third party to carry out the certification 
                process under this subsection.
                    ``(D) Disadvantaged business involvement.--In 
                accrediting qualified third parties to carry out the 
                certification process under this subsection, a selected 
                entity shall

[[Page 121 STAT. 369]]

                ensure, to the extent practicable, that the third 
                parties include qualified small, minority, women-owned, 
                or disadvantaged business concerns when appropriate. The 
                term `disadvantaged business concern' means a small 
                business that is owned and controlled by socially and 
                economically disadvantaged individuals, as defined in 
                section 124 of title 13, United States Code of Federal 
                Regulations.
                    ``(E) Treatment of other certifications.--At the 
                request of any entity seeking certification, any 
                selected entity may consider, as appropriate, other 
                relevant certifications acquired by the entity seeking 
                certification. If the selected entity determines that 
                such other certifications are sufficient to meet the 
                certification requirement or aspects of the 
                certification requirement under this section, the 
                selected entity may give credit to the entity seeking 
                certification, as appropriate, to avoid unnecessarily 
                duplicative certification requirements.
                    ``(F) Third parties.--To be accredited under 
                subparagraph (C), a third party shall--
                          ``(i) demonstrate that the third party has the 
                      ability to certify private sector entities in 
                      accordance with the procedures and requirements 
                      developed under subparagraph (B);
                          ``(ii) agree to perform certifications in 
                      accordance with such procedures and requirements;
                          ``(iii) agree not to have any beneficial 
                      interest in or any direct or indirect control 
                      over--
                                    ``(I) a private sector entity for 
                                which that third party conducts a 
                                certification under this subsection; or
                                    ``(II) any organization that 
                                provides preparedness consulting 
                                services to private sector entities;
                          ``(iv) agree not to have any other conflict of 
                      interest with respect to any private sector entity 
                      for which that third party conducts a 
                      certification under this subsection;
                          ``(v) maintain liability insurance coverage at 
                      policy limits in accordance with the requirements 
                      developed under subparagraph (B); and
                          ``(vi) enter into an agreement with the 
                      selected entity accrediting that third party to 
                      protect any proprietary information of a private 
                      sector entity obtained under this subsection.
                    ``(G) Monitoring.--
                          ``(i) In general.--The designated officer and 
                      any selected entity shall regularly monitor and 
                      inspect the operations of any third party 
                      conducting certifications under this subsection to 
                      ensure that the third party is complying with the 
                      procedures and requirements established under 
                      subparagraph (B) and all other applicable 
                      requirements.
                          ``(ii) Revocation.--If the designated officer 
                      or any selected entity determines that a third 
                      party is not meeting the procedures or 
                      requirements established under subparagraph (B), 
                      the selected entity shall--
                                    ``(I) revoke the accreditation of 
                                that third party to conduct 
                                certifications under this subsection; 
                                and

[[Page 121 STAT. 370]]

                                    ``(II) review any certification 
                                conducted by that third party, as 
                                necessary and appropriate.
            ``(4) Annual review.--
                    ``(A) In general.--The designated officer, in 
                consultation with representatives of appropriate 
                organizations that coordinate or facilitate the 
                development and use of voluntary consensus standards, 
                appropriate voluntary consensus standards development 
                organizations, appropriate representatives of State and 
                local governments, including emergency management 
                officials, and each private sector advisory council 
                created under section 102(f)(4), shall annually review 
                the voluntary accreditation and certification program 
                established under this subsection to ensure the 
                effectiveness of such program (including the operations 
                and management of such program by any selected entity 
                and the selected entity's inclusion of qualified 
                disadvantaged business concerns under paragraph (3)(D)) 
                and make improvements and adjustments to the program as 
                necessary and appropriate.
                    ``(B) Review of standards.--Each review under 
                subparagraph (A) shall include an assessment of the 
                voluntary preparedness standard or standards used in the 
                program under this subsection.
            ``(5) Voluntary participation.--Certification under this 
        subsection shall be voluntary for any private sector entity.
            ``(6) Public listing.--The designated officer shall maintain 
        and make public a listing of any private sector entity certified 
        as being in compliance with the program established under this 
        subsection, if that private sector entity consents to such 
        listing.

    ``(c) Rule of Construction.--Nothing in this section may be 
construed as--
            ``(1) a requirement to replace any preparedness, emergency 
        response, or business continuity standards, requirements, or 
        best practices established--
                    ``(A) under any other provision of federal law; or
                    ``(B) by any sector-specific agency, as those 
                agencies are defined under Homeland Security 
                Presidential Directive-7; or
            ``(2) exempting any private sector entity seeking 
        certification or meeting certification requirements under 
        subsection (b) from compliance with all applicable statutes, 
        regulations, directives, policies, and industry codes of 
        practice.''.

    (b) Report to Congress.--Not later than 210 days after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives a report detailing--
            (1) any action taken to implement section 524(b) of the 
        Homeland Security Act of 2002, as added by subsection (a), 
        including a discussion of--
                    (A) the separate methods of classification and 
                certification for small business concerns (under the 
                meaning given that term in section 3 of the Small 
                Business Act (15 U.S.C. 632)) as compared to other 
                private sector entities; and

[[Page 121 STAT. 371]]

                    (B) whether the separate classifications and methods 
                of certification for small business concerns are likely 
                to help to ensure that such measures are not overly 
                burdensome and are adequate to meet the voluntary 
                preparedness standard or standards adopted by the 
                program under section 524(b) of the Homeland Security 
                Act of 2002, as added by subsection (a); and
            (2) the status, as of the date of that report, of the 
        implementation of that subsection.

    (c) Deadline for Designation of Officer.--The <<NOTE: 6 USC 321m 
note.>> Secretary of Homeland Security shall designate the officer as 
described in section 524 of the Homeland Security Act of 2002, as added 
by subsection (a), by not later than 30 days after the date of the 
enactment of this Act.

    (d) Definition.--Section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101) is amended by adding at the end the following:
            ``(18) The term `voluntary preparedness standards' means a 
        common set of criteria for preparedness, disaster management, 
        emergency management, and business continuity programs, such as 
        the American National Standards Institute's National Fire 
        Protection Association Standard on Disaster/Emergency Management 
        and Business Continuity Programs (ANSI/NFPA 1600).''.

    (e) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end the following:

``Sec. 523. Guidance and recommendations.
``Sec. 524. Voluntary private sector preparedness accreditation and 
           certification program.''.

    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section and 
the amendments made by this section.
SEC. 902. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF THE 
                        DEPARTMENT.

    (a) In General.--Section 102(f) of the Homeland Security Act of 2002 
(6 U.S.C. 112(f)) is amended--
            (1) by redesignating paragraphs (8) through (10) as 
        paragraphs (9) through (11), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) providing information to the private sector regarding 
        voluntary preparedness standards and the business justification 
        for preparedness and promoting to the private sector the 
        adoption of voluntary preparedness standards;''.

    (b) Private Sector Advisory Councils.--Section 102(f)(4) of the 
Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by inserting ``and'' after the 
        semicolon at the end; and
            (3) by adding at the end the following:
                    ``(C) advise the Secretary on private sector 
                preparedness issues, including effective methods for--
                          ``(i) promoting voluntary preparedness 
                      standards to the private sector; and
                          ``(ii) assisting the private sector in 
                      adopting voluntary preparedness standards;''.

[[Page 121 STAT. 372]]

           TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

SEC. 1001. NATIONAL ASSET DATABASE.

    (a) In General.--Subtitle A of title II of the Homeland Security Act 
of 2002, as amended by title V, is further amended by adding at the end 
the following new section:
``SEC. 210E. <<NOTE: 6 USC 124l.>> NATIONAL ASSET DATABASE.

    ``(a) Establishment.--
            ``(1) National asset database.--The Secretary shall 
        establish and maintain a national database of each system or 
        asset that--
                    ``(A) the Secretary, in consultation with 
                appropriate homeland security officials of the States, 
                determines to be vital and the loss, interruption, 
                incapacity, or destruction of which would have a 
                negative or debilitating effect on the economic 
                security, public health, or safety of the United States, 
                any State, or any local government; or
                    ``(B) the Secretary determines is appropriate for 
                inclusion in the database.
            ``(2) Prioritized critical infrastructure list.--In 
        accordance with Homeland Security Presidential Directive-7, as 
        in effect on January 1, 2007, the Secretary shall establish and 
        maintain a single classified prioritized list of systems and 
        assets included in the database under paragraph (1) that the 
        Secretary determines would, if destroyed or disrupted, cause 
        national or regional catastrophic effects.

    ``(b) Use of Database.--The Secretary shall use the database 
established under subsection (a)(1) in the development and 
implementation of Department plans and programs as appropriate.
    ``(c) Maintenance of Database.--
            ``(1) In general.--The Secretary shall maintain and annually 
        update the database established under subsection (a)(1) and the 
        list established under subsection (a)(2), including--
                    ``(A) establishing data collection guidelines and 
                providing such guidelines to the appropriate homeland 
                security official of each State;
                    ``(B) regularly reviewing the guidelines established 
                under subparagraph (A), including by consulting with the 
                appropriate homeland security officials of States, to 
                solicit feedback about the guidelines, as appropriate;
                    ``(C) after providing the homeland security official 
                of a State with the guidelines under subparagraph (A), 
                allowing the official a reasonable amount of time to 
                submit to the Secretary any data submissions recommended 
                by the official for inclusion in the database 
                established under subsection (a)(1);
                    ``(D) examining the contents and identifying any 
                submissions made by such an official that are described 
                incorrectly or that do not meet the guidelines 
                established under subparagraph (A); and
                    ``(E) providing to the appropriate homeland security 
                official of each relevant State a list of submissions 
                identified under subparagraph (D) for review and 
                possible correction

[[Page 121 STAT. 373]]

                before the Secretary finalizes the decision of which 
                submissions will be included in the database established 
                under subsection (a)(1).
            ``(2) Organization of information in database.--The 
        Secretary shall organize the contents of the database 
        established under subsection (a)(1) and the list established 
        under subsection (a)(2) as the Secretary determines is 
        appropriate. Any organizational structure of such contents shall 
        include the categorization of the contents--
                    ``(A) according to the sectors listed in National 
                Infrastructure Protection Plan developed pursuant to 
                Homeland Security Presidential Directive-7; and
                    ``(B) by the State and county of their location.
            ``(3) Private sector integration.--The Secretary shall 
        identify and evaluate methods, including the Department's 
        Protected Critical Infrastructure Information Program, to 
        acquire relevant private sector information for the purpose of 
        using that information to generate any database or list, 
        including the database established under subsection (a)(1) and 
        the list established under subsection (a)(2).
            ``(4) Retention of classification.--The classification of 
        information required to be provided to Congress, the Department, 
        or any other department or agency under this section by a 
        sector-specific agency, including the assignment of a level of 
        classification of such information, shall be binding on 
        Congress, the Department, and that other Federal agency.

    ``(d) Reports.--
            ``(1) Report required.--Not later than 180 days after the 
        date of the enactment of the Implementing Recommendations of the 
        9/11 Commission Act of 2007, and annually thereafter, the 
        Secretary shall submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on Homeland 
        Security of the House of Representatives a report on the 
        database established under subsection (a)(1) and the list 
        established under subsection (a)(2).
            ``(2) Contents of report.--Each such report shall include 
        the following:
                    ``(A) The name, location, and sector classification 
                of each of the systems and assets on the list 
                established under subsection (a)(2).
                    ``(B) The name, location, and sector classification 
                of each of the systems and assets on such list that are 
                determined by the Secretary to be most at risk to 
                terrorism.
                    ``(C) Any significant challenges in compiling the 
                list of the systems and assets included on such list or 
                in the database established under subsection (a)(1).
                    ``(D) Any significant changes from the preceding 
                report in the systems and assets included on such list 
                or in such database.
                    ``(E) If appropriate, the extent to which such 
                database and such list have been used, individually or 
                jointly, for allocating funds by the Federal Government 
                to prevent, reduce, mitigate, or respond to acts of 
                terrorism.
                    ``(F) The amount of coordination between the 
                Department and the private sector, through any entity of 
                the Department that meets with representatives of 
                private sector industries for purposes of such 
                coordination, for the

[[Page 121 STAT. 374]]

                purpose of ensuring the accuracy of such database and 
                such list.
                    ``(G) Any other information the Secretary deems 
                relevant.
            ``(3) Classified information.--The report shall be submitted 
        in unclassified form but may contain a classified annex.

    ``(e) Inspector General Study.--By <<NOTE: Deadline.>> not later 
than two years after the date of enactment of the Implementing 
Recommendations of the 9/11 Commission Act of 2007, the Inspector 
General of the Department shall conduct a study of the implementation of 
this section.

    ``(f) National Infrastructure Protection Consortium.--The Secretary 
may establish a consortium to be known as the `National Infrastructure 
Protection Consortium'. The Consortium may advise the Secretary on the 
best way to identify, generate, organize, and maintain any database or 
list of systems and assets established by the Secretary, including the 
database established under subsection (a)(1) and the list established 
under subsection (a)(2). If the Secretary establishes the National 
Infrastructure Protection Consortium, the Consortium may--
            ``(1) be composed of national laboratories, Federal 
        agencies, State and local homeland security organizations, 
        academic institutions, or national Centers of Excellence that 
        have demonstrated experience working with and identifying 
        critical infrastructure and key resources; and
            ``(2) provide input to the Secretary on any request 
        pertaining to the contents of such database or such list.''.

    (b) Deadlines for <<NOTE: 6 USC 124l note.>> Implementation and 
Notification of Congress.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
the first report required under section 210E(d) of the Homeland Security 
Act of 2002, as added by subsection (a).

    (c) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by inserting after the item relating to 
section 210D the following:

``Sec. 210E. National Asset Database.''.

SEC. 1002. RISK ASSESSMENTS AND REPORT.

    (a) Risk Assessments.--Section 201(d) of the Homeland Security Act 
of 2002 (6 U.S.C. 121(d)) is further amended by adding at the end the 
following new paragraph:
            ``(25) To prepare and submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security in the House of Representatives, 
        and to other appropriate congressional committees having 
        jurisdiction over the critical infrastructure or key resources, 
        for each sector identified in the National Infrastructure 
        Protection Plan, a report on the comprehensive assessments 
        carried out by the Secretary of the critical infrastructure and 
        key resources of the United States, evaluating threat, 
        vulnerability, and consequence, as required under this 
        subsection. Each such report--
                    ``(A) shall contain, if applicable, actions or 
                countermeasures recommended or taken by the Secretary or 
                the head of another Federal agency to address issues 
                identified in the assessments;
                    ``(B) shall be required for fiscal year 2007 and 
                each subsequent fiscal year and shall be submitted not 
                later

[[Page 121 STAT. 375]]

                than 35 days after the last day of the fiscal year 
                covered by the report; and
                    ``(C) may be classified.''.

    (b) Report on Industry Preparedness.--Not <<NOTE: 50 USC app. 2071 
note.>> later than 6 months after the last day of fiscal year 2007 and 
each subsequent fiscal year, the Secretary of Homeland Security, in 
cooperation with the Secretary of Commerce, the Secretary of 
Transportation, the Secretary of Defense, and the Secretary of Energy, 
shall submit to the Committee on Banking, Housing, and Urban Affairs and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Financial Services and the Committee on 
Homeland Security of the House of Representatives a report that details 
the actions taken by the Federal Government to ensure, in accordance 
with subsections (a) and (c) of section 101 of the Defense Production 
Act of 1950 (50 U.S.C. App. 2071), the preparedness of industry to 
reduce interruption of critical infrastructure and key resource 
operations during an act of terrorism, natural catastrophe, or other 
similar national emergency.
SEC. 1003. SENSE OF CONGRESS REGARDING THE INCLUSION OF LEVEES IN 
                          THE NATIONAL INFRASTRUCTURE PROTECTION 
                          PLAN.

    It is the sense of Congress that the Secretary should ensure that 
levees are included in one of the critical infrastructure and key 
resources sectors identified in the National Infrastructure Protection 
Plan.

     TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

SEC. 1101. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. et seq.) is amended by adding at the end the following:
``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

    ``(a) Establishment.--The Secretary shall establish, operate, and 
maintain a National Biosurveillance Integration Center (referred to in 
this section as the `NBIC'), which shall be headed by a Directing 
Officer, under an office or directorate of the Department that is in 
existence as of the date of the enactment of this section.
    ``(b) Primary Mission.--The primary mission of the NBIC is to--
            ``(1) enhance the capability of the Federal Government to--
                    ``(A) rapidly identify, characterize, localize, and 
                track a biological event of national concern by 
                integrating and analyzing data relating to human health, 
                animal, plant, food, and environmental monitoring 
                systems (both national and international); and
                    ``(B) disseminate alerts and other information to 
                Member Agencies and, in coordination with (and where 
                possible through) Member Agencies, to agencies of State, 
                local, and tribal governments, as appropriate, to 
                enhance

[[Page 121 STAT. 376]]

                the ability of such agencies to respond to a biological 
                event of national concern; and
            ``(2) oversee development and operation of the National 
        Biosurveillance Integration System.

    ``(c) Requirements.--The NBIC shall detect, as early as possible, a 
biological event of national concern that presents a risk to the United 
States or the infrastructure or key assets of the United States, 
including by--
            ``(1) consolidating data from all relevant surveillance 
        systems maintained by Member Agencies to detect biological 
        events of national concern across human, animal, and plant 
        species;
            ``(2) seeking private sources of surveillance, both foreign 
        and domestic, when such sources would enhance coverage of 
        critical surveillance gaps;
            ``(3) using an information technology system that uses the 
        best available statistical and other analytical tools to 
        identify and characterize biological events of national concern 
        in as close to real-time as is practicable;
            ``(4) providing the infrastructure for such integration, 
        including information technology systems and space, and support 
        for personnel from Member Agencies with sufficient expertise to 
        enable analysis and interpretation of data;
            ``(5) working with Member Agencies to create information 
        technology systems that use the minimum amount of patient data 
        necessary and consider patient confidentiality and privacy 
        issues at all stages of development and apprise the Privacy 
        Officer of such efforts; and
            ``(6) alerting Member Agencies and, in coordination with 
        (and where possible through) Member Agencies, public health 
        agencies of State, local, and tribal governments regarding any 
        incident that could develop into a biological event of national 
        concern.

    ``(d) Responsibilities of the Directing Officer of the NBIC.--
            ``(1) In general.--The Directing Officer of the NBIC shall--
                    ``(A) on an ongoing basis, monitor the availability 
                and appropriateness of surveillance systems used by the 
                NBIC and those systems that could enhance biological 
                situational awareness or the overall performance of the 
                NBIC;
                    ``(B) on an ongoing basis, review and seek to 
                improve the statistical and other analytical methods 
                used by the NBIC;
                    ``(C) receive and consider other relevant homeland 
                security information, as appropriate; and
                    ``(D) provide technical assistance, as appropriate, 
                to all Federal, regional, State, local, and tribal 
                government entities and private sector entities that 
                contribute data relevant to the operation of the NBIC.
            ``(2) Assessments.--The Directing Officer of the NBIC 
        shall--
                    ``(A) on an ongoing basis, evaluate available data 
                for evidence of a biological event of national concern; 
                and
                    ``(B) integrate homeland security information with 
                NBIC data to provide overall situational awareness and 
                determine whether a biological event of national concern 
                has occurred.
            ``(3) Information sharing.--

[[Page 121 STAT. 377]]

                    ``(A) In general.--The Directing Officer of the NBIC 
                shall--
                          ``(i) establish a method of real-time 
                      communication with the National Operations Center;
                          ``(ii) in the event that a biological event of 
                      national concern is detected, notify the Secretary 
                      and disseminate results of NBIC assessments 
                      relating to that biological event of national 
                      concern to appropriate Federal response entities 
                      and, in coordination with relevant Member 
                      Agencies, regional, State, local, and tribal 
                      governmental response entities in a timely manner;
                          ``(iii) provide any report on NBIC assessments 
                      to Member Agencies and, in coordination with 
                      relevant Member Agencies, any affected regional, 
                      State, local, or tribal government, and any 
                      private sector entity considered appropriate that 
                      may enhance the mission of such Member Agencies, 
                      governments, or entities or the ability of the 
                      Nation to respond to biological events of national 
                      concern; and
                          ``(iv) share NBIC incident or situational 
                      awareness reports, and other relevant information, 
                      consistent with the information sharing 
                      environment established under section 1016 of the 
                      Intelligence Reform and Terrorism Prevention Act 
                      of 2004 (6 U.S.C. 485) and any policies, 
                      guidelines, procedures, instructions, or standards 
                      established under that section.
                    ``(B) Consultation.--The Directing Officer of the 
                NBIC shall implement the activities described in 
                subparagraph (A) consistent with the policies, 
                guidelines, procedures, instructions, or standards 
                established under section 1016 of the Intelligence 
                Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
                485) and in consultation with the Director of National 
                Intelligence, the Under Secretary for Intelligence and 
                Analysis, and other offices or agencies of the Federal 
                Government, as appropriate.

    ``(e) Responsibilities of the NBIC Member Agencies.--
            ``(1) In general.--Each Member Agency shall--
                    ``(A) use its best efforts to integrate 
                biosurveillance information into the NBIC, with the goal 
                of promoting information sharing between Federal, State, 
                local, and tribal governments to detect biological 
                events of national concern;
                    ``(B) provide timely information to assist the NBIC 
                in maintaining biological situational awareness for 
                accurate detection and response purposes;
                    ``(C) enable the NBIC to receive and use 
                biosurveillance information from member agencies to 
                carry out its requirements under subsection (c);
                    ``(D) connect the biosurveillance data systems of 
                that Member Agency to the NBIC data system under 
                mutually agreed protocols that are consistent with 
                subsection (c)(5);
                    ``(E) participate in the formation of strategy and 
                policy for the operation of the NBIC and its information 
                sharing;
                    ``(F) provide personnel to the NBIC under an 
                interagency personnel agreement and consider the 
                qualifications of such personnel necessary to provide 
                human, animal,

[[Page 121 STAT. 378]]

                and environmental data analysis and interpretation 
                support to the NBIC; and
                    ``(G) retain responsibility for the surveillance and 
                intelligence systems of that department or agency, if 
                applicable.

    ``(f) Administrative Authorities.--
            ``(1) Hiring of experts.--The Directing Officer of the NBIC 
        shall hire individuals with the necessary expertise to develop 
        and operate the NBIC.
            ``(2) Detail of personnel.--Upon the request of the 
        Directing Officer of the NBIC, the head of any Federal 
        department or agency may detail, on a reimbursable basis, any of 
        the personnel of that department or agency to the Department to 
        assist the NBIC in carrying out this section.

    ``(g) NBIC Interagency Working Group.--
The <<NOTE: Establishment.>> Directing Officer of the NBIC shall--
            ``(1) establish an interagency working group to facilitate 
        interagency cooperation and to advise the Directing Officer of 
        the NBIC regarding recommendations to enhance the 
        biosurveillance capabilities of the Department; and
            ``(2) invite Member Agencies to serve on that working group.

    ``(h) Relationship to Other Departments and Agencies.--The authority 
of the Directing Officer of the NBIC under this section shall not affect 
any authority or responsibility of any other department or agency of the 
Federal Government with respect to biosurveillance activities under any 
program administered by that department or agency.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
    ``(j) Definitions.--In this section:
            ``(1) The terms `biological agent' and `toxin' have the 
        meanings given those terms in section 178 of title 18, United 
        States Code.
            ``(2) The term `biological event of national concern' 
        means--
                    ``(A) an act of terrorism involving a biological 
                agent or toxin; or
                    ``(B) a naturally occurring outbreak of an 
                infectious disease that may result in a national 
                epidemic.
            ``(3) The term `homeland security information' has the 
        meaning given that term in section 892.
            ``(4) The term `Member Agency' means any Federal department 
        or agency that, at the discretion of the head of that department 
        or agency, has entered a memorandum of understanding regarding 
        participation in the NBIC.
            ``(5) The term `Privacy Officer' means the Privacy Officer 
        appointed under section 222.''.

    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 315 the following:

``Sec. 316. National Biosurveillance Integration Center.''.

    (c) Deadline for Implementation.--The <<NOTE: 6 USC 195b 
note.>> National Biosurveillance Integration Center under section 316 of 
the Homeland Security Act, as added by subsection (a), shall be fully 
operational by not later than September 30, 2008.

[[Page 121 STAT. 379]]

    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
an interim report on the status of the operations at the National 
Biosurviellance Integration Center that addresses the efforts of the 
Center to integrate the surveillance efforts of Federal, State, local, 
and tribal governments. When the National Biosurveillance Integration 
Center is fully operational, the Secretary shall submit to such 
committees a final report on the status of such operations.
SEC. 1102. BIOSURVEILLANCE EFFORTS.

    The Comptroller General of the United States shall submit to 
Congress a report--
            (1) describing the state of Federal, State, local, and 
        tribal government biosurveillance efforts as of the date of such 
        report;
            (2) describing any duplication of effort at the Federal, 
        State, local, or tribal government level to create 
        biosurveillance systems; and
            (3) providing the recommendations of the Comptroller General 
        regarding--
                    (A) the integration of biosurveillance systems;
                    (B) the effective use of biosurveillance resources; 
                and
                    (C) the effective use of the expertise of Federal, 
                State, local, and tribal governments.
SEC. 1103. INTERAGENCY COORDINATION TO ENHANCE DEFENSES AGAINST 
                          NUCLEAR AND RADIOLOGICAL WEAPONS OF MASS 
                          DESTRUCTION.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after section 1906, as redesignated by 
section 104, the following:
``SEC. 1907. <<NOTE: 6 USC 596a.>> JOINT ANNUAL INTERAGENCY REVIEW 
                          OF GLOBAL NUCLEAR DETECTION 
                          ARCHITECTURE.

    ``(a) Annual Review.--
            ``(1) In general.--The Secretary, the Attorney General, the 
        Secretary of State, the Secretary of Defense, the Secretary of 
        Energy, and the Director of National Intelligence shall jointly 
        ensure interagency coordination on the development and 
        implementation of the global nuclear detection architecture by 
        ensuring that, not less frequently than once each year--
                    ``(A) each relevant agency, office, or entity--
                          ``(i) assesses its involvement, support, and 
                      participation in the development, revision, and 
                      implementation of the global nuclear detection 
                      architecture; and
                          ``(ii) examines and evaluates components of 
                      the global nuclear detection architecture 
                      (including associated strategies and acquisition 
                      plans) relating to the operations of that agency, 
                      office, or entity, to determine whether such 
                      components incorporate and address current threat 
                      assessments, scenarios, or intelligence analyses 
                      developed by the Director of National Intelligence 
                      or other agencies regarding threats relating to 
                      nuclear or radiological weapons of mass 
                      destruction; and

[[Page 121 STAT. 380]]

                    ``(B) each agency, office, or entity deploying or 
                operating any nuclear or radiological detection 
                technology under the global nuclear detection 
                architecture--
                          ``(i) evaluates the deployment and operation 
                      of nuclear or radiological detection technologies 
                      under the global nuclear detection architecture by 
                      that agency, office, or entity;
                          ``(ii) identifies performance deficiencies and 
                      operational or technical deficiencies in nuclear 
                      or radiological detection technologies deployed 
                      under the global nuclear detection architecture; 
                      and
                          ``(iii) assesses the capacity of that agency, 
                      office, or entity to implement the 
                      responsibilities of that agency, office, or entity 
                      under the global nuclear detection architecture.
            ``(2) Technology.--Not less frequently than once each year, 
        the Secretary shall examine and evaluate the development, 
        assessment, and acquisition of radiation detection technologies 
        deployed or implemented in support of the domestic portion of 
        the global nuclear detection architecture.

    ``(b) Annual Report on Joint Interagency Review.--
            ``(1) In general.--Not later than March 31 of each year, the 
        Secretary, the Attorney General, the Secretary of State, the 
        Secretary of Defense, the Secretary of Energy, and the Director 
        of National Intelligence, shall jointly submit a report 
        regarding the implementation of this section and the results of 
        the reviews required under subsection (a) to--
                    ``(A) the President;
                    ``(B) the Committee on Appropriations, the Committee 
                on Armed Services, the Select Committee on Intelligence, 
                and the Committee on Homeland Security and Governmental 
                Affairs of the Senate; and
                    ``(C) the Committee on Appropriations, the Committee 
                on Armed Services, the Permanent Select Committee on 
                Intelligence, the Committee on Homeland Security, and 
                the Committee on Science and Technology of the House of 
                Representatives.
            ``(2) Form.--The annual report submitted under paragraph (1) 
        shall be submitted in unclassified form to the maximum extent 
        practicable, but may include a classified annex.

    ``(c) Definition.--In this section, the term `global nuclear 
detection architecture' means the global nuclear detection architecture 
developed under section 1902.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by 
inserting after the item relating to section 1906, as added by section 
104, the following:

``Sec. 1907. Joint annual interagency review of global nuclear detection 
           architecture.''.

SEC. 1104. <<NOTE: 6 USC 921a.>> INTEGRATION OF DETECTION 
                          EQUIPMENT AND TECHNOLOGIES.

    (a) Responsibility of Secretary.--The Secretary of Homeland Security 
shall have responsibility for ensuring that domestic chemical, 
biological, radiological, and nuclear detection equipment and 
technologies are integrated, as appropriate, with other border security 
systems and detection technologies.

[[Page 121 STAT. 381]]

    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary shall submit a report to Congress that contains 
a plan to develop a departmental technology assessment process to 
determine and certify the technology readiness levels of chemical, 
biological, radiological, and nuclear detection technologies before the 
full deployment of such technologies within the United States.

   TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

SEC. 1201. <<NOTE: 6 USC 1101.>> DEFINITIONS.

    For purposes of this title, the following terms apply:
            (1) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
SEC. 1202. TRANSPORTATION SECURITY STRATEGIC PLANNING.

    (a) In General.--Section 114(t)(1)(B) of title 49, United States 
Code, is amended to read as follows:
                    ``(B) transportation modal security plans addressing 
                security risks, including threats, vulnerabilities, and 
                consequences, for aviation, railroad, ferry, highway, 
                maritime, pipeline, public transportation, over-the-road 
                bus, and other transportation infrastructure assets.''.

    (b) Contents of the National Strategy for Transportation Security.--
Section 114(t)(3) of such title is amended--
            (1) in subparagraph (B), by inserting ``, based on risk 
        assessments conducted or received by the Secretary of Homeland 
        Security (including assessments conducted under the Implementing 
        Recommendations of the 9/11 Commission Act of 2007'' after 
        ``risk based priorities'';
            (2) in subparagraph (D)--
                    (A) by striking ``and local'' and inserting ``local, 
                and tribal''; and
                    (B) by striking ``private sector cooperation and 
                participation'' and inserting ``cooperation and 
                participation by private sector entities, including 
                nonprofit employee labor organizations,'';
            (3) in subparagraph (E)--
                    (A) by striking ``response'' and inserting 
                ``prevention, response,''; and
                    (B) by inserting ``and threatened and executed acts 
                of terrorism outside the United States to the extent 
                such acts affect United States transportation systems'' 
                before the period at the end;
            (4) in subparagraph (F), by adding at the end the following: 
        ``Transportation security research and development projects 
        shall be based, to the extent practicable, on such 
        prioritization. Nothing in the preceding sentence shall be 
        construed to require the termination of any research or 
        development project initiated by the Secretary of Homeland 
        Security or the Secretary of

[[Page 121 STAT. 382]]

        Transportation before the date of enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007.''; and
            (5) by adding at the end the following:
                    ``(G) A 3- and 10-year budget for Federal 
                transportation security programs that will achieve the 
                priorities of the National Strategy for Transportation 
                Security.
                    ``(H) Methods for linking the individual 
                transportation modal security plans and the programs 
                contained therein, and a plan for addressing the 
                security needs of intermodal transportation.
                    ``(I) Transportation modal security plans described 
                in paragraph (1)(B), including operational recovery 
                plans to expedite, to the maximum extent practicable, 
                the return to operation of an adversely affected 
                transportation system following a major terrorist attack 
                on that system or other incident. These plans shall be 
                coordinated with the resumption of trade protocols 
                required under section 202 of the SAFE Port Act (6 
                U.S.C. 942) and the National Maritime Transportation 
                Security Plan required under section 70103(a) of title 
                46.''.

    (c) Periodic Progress Reports.--Section 114(t)(4) of such title is 
amended--
            (1) in subparagraph (C)--
                    (A) in clause (i) by inserting ``, including the 
                transportation modal security plans'' before the period 
                at the end; and
                    (B) by striking clause (ii) and inserting the 
                following:
                          ``(ii) Content.--Each progress report 
                      submitted under this subparagraph shall include, 
                      at a minimum, the following:
                                    ``(I) Recommendations for improving 
                                and implementing the National Strategy 
                                for Transportation Security and the 
                                transportation modal and intermodal 
                                security plans that the Secretary of 
                                Homeland Security, in consultation with 
                                the Secretary of Transportation, 
                                considers appropriate.
                                    ``(II) An accounting of all grants 
                                for transportation security, including 
                                grants and contracts for research and 
                                development, awarded by the Secretary of 
                                Homeland Security in the most recent 
                                fiscal year and a description of how 
                                such grants accomplished the goals of 
                                the National Strategy for Transportation 
                                Security.
                                    ``(III) An accounting of all--
                                            ``(aa) funds requested in 
                                        the President's budget submitted 
                                        pursuant to section 1105 of 
                                        title 31 for the most recent 
                                        fiscal year for transportation 
                                        security, by mode;
                                            ``(bb) personnel working on 
                                        transportation security by mode, 
                                        including the number of 
                                        contractors; and
                                            ``(cc) information on the 
                                        turnover in the previous year 
                                        among senior staff of the 
                                        Department of Homeland Security, 
                                        including component agencies, 
                                        working on transportation 
                                        security issues. Such 
                                        information shall

[[Page 121 STAT. 383]]

                                        include the number of employees 
                                        who have permanently left the 
                                        office, agency, or area in which 
                                        they worked, and the amount of 
                                        time that they worked for the 
                                        Department.
                          ``(iii) Written explanation of transportation 
                      security activities not delineated in the national 
                      strategy for transportation security.--At the end 
                      of each fiscal year, the Secretary of Homeland 
                      Security shall submit to the appropriate 
                      congressional committees a written explanation of 
                      any Federal transportation security activity that 
                      is inconsistent with the National Strategy for 
                      Transportation Security, including the amount of 
                      funds to be expended for the activity and the 
                      number of personnel involved.''; and
            (2) by striking subparagraph (E) and inserting the 
        following:
                    ``(E) Appropriate congressional committees 
                defined.--In this subsection, the term `appropriate 
                congressional committees' means the Committee on 
                Transportation and Infrastructure and the Committee on 
                Homeland Security of the House of Representatives and 
                the Committee on Commerce, Science, and Transportation, 
                the Committee on Homeland Security and Governmental 
                Affairs, and the Committee on Banking, Housing, and 
                Urban Affairs of the Senate.''.

    (d) Priority Status.--Section 114(t)(5)(B) of such title is 
amended--
            (1) in clause (iii), by striking ``and'' at the end;
            (2) by redesignating clause (iv) as clause (v); and
            (3) by inserting after clause (iii) the following:
                          ``(iv) the transportation sector specific plan 
                      required under Homeland Security Presidential 
                      Directive-7; and''.

    (e) Coordination and Plan Distribution.--Section 114(t) of such 
title is amended by adding at the end the following:
            ``(6) Coordination.--In carrying out the responsibilities 
        under this section, the Secretary of Homeland Security, in 
        coordination with the Secretary of Transportation, shall 
        consult, as appropriate, with Federal, State, and local 
        agencies, tribal governments, private sector entities (including 
        nonprofit employee labor organizations), institutions of higher 
        learning, and other entities.
            ``(7) Plan distribution.--The Secretary of Homeland Security 
        shall make available and appropriately publicize an unclassified 
        version of the National Strategy for Transportation Security, 
        including its component transportation modal security plans, to 
        Federal, State, regional, local and tribal authorities, 
        transportation system owners or operators, private sector 
        stakeholders, including nonprofit employee labor organizations 
        representing transportation employees, institutions of higher 
        learning, and other appropriate entities.''.
SEC. 1203. TRANSPORTATION SECURITY INFORMATION SHARING.

    (a) In General.--Section 114 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(u) Transportation Security Information Sharing Plan.--
            ``(1) Definitions.--In this subsection:

[[Page 121 STAT. 384]]

                    ``(A) Appropriate congressional committees.--The 
                term `appropriate congressional committees' has the 
                meaning given that term in subsection (t).
                    ``(B) Plan.--The term `Plan' means the 
                Transportation Security Information Sharing Plan 
                established under paragraph (2).
                    ``(C) Public and private stakeholders.--The term 
                `public and private stakeholders' means Federal, State, 
                and local agencies, tribal governments, and appropriate 
                private entities, including nonprofit employee labor 
                organizations representing transportation employees.
                    ``(D) Secretary.--The term `Secretary' means the 
                Secretary of Homeland Security.
                    ``(E) Transportation security information.--The term 
                `transportation security information' means information 
                relating to the risks to transportation modes, including 
                aviation, public transportation, railroad, ferry, 
                highway, maritime, pipeline, and over-the-road bus 
                transportation, and may include specific and general 
                intelligence products, as appropriate.
            ``(2) Establishment of plan.--The Secretary of Homeland 
        Security, in consultation with the program manager of the 
        information sharing environment established under section 1016 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (6 U.S.C. 485), the Secretary of Transportation, and public and 
        private stakeholders, shall establish a Transportation Security 
        Information Sharing Plan. In establishing the Plan, the 
        Secretary shall gather input on the development of the Plan from 
        private and public stakeholders and the program manager of the 
        information sharing environment established under section 1016 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (6 U.S.C. 485).
            ``(3) Purpose of plan.--The Plan shall promote sharing of 
        transportation security information between the Department of 
        Homeland Security and public and private stakeholders.
            ``(4) Content of plan.--The Plan shall include--
                    ``(A) a description of how intelligence analysts 
                within the Department of Homeland Security will 
                coordinate their activities within the Department and 
                with other Federal, State, and local agencies, and 
                tribal governments, including coordination with existing 
                modal information sharing centers and the center 
                described in section 1410 of the Implementing 
                Recommendations of the 9/11 Commission Act of 2007;
                    ``(B) the establishment of a point of contact, which 
                may be a single point of contact within the Department 
                of Homeland Security, for each mode of transportation 
                for the sharing of transportation security information 
                with public and private stakeholders, including an 
                explanation and justification to the appropriate 
                congressional committees if the point of contact 
                established pursuant to this subparagraph differs from 
                the agency within the Department that has the primary 
                authority, or has been delegated such authority by the 
                Secretary, to regulate the security of that 
                transportation mode;
                    ``(C) a reasonable deadline by which the Plan will 
                be implemented; and

[[Page 121 STAT. 385]]

                    ``(D) a description of resource needs for fulfilling 
                the Plan.
            ``(5) Coordination with information sharing .--The Plan 
        shall be--
                    ``(A) implemented in coordination, as appropriate, 
                with the program manager for the information sharing 
                environment established under section 1016 of the 
                Intelligence Reform and Terrorism Prevention Act of 2004 
                (6 U.S.C. 485); and
                    ``(B) consistent with the establishment of the 
                information sharing environment and any policies, 
                guidelines, procedures, instructions, or standards 
                established by the President or the program manager for 
                the implementation and management of the information 
                sharing environment.
            ``(6) Reports to congress.--
                    ``(A) In general.--Not later than 150 days after the 
                date of enactment of this subsection, and annually 
                thereafter, the Secretary shall submit to the 
                appropriate congressional committees, a report 
                containing the Plan.
                    ``(B) Annual report.--Not later than 1 year after 
                the date of enactment of this subsection, the Secretary 
                shall submit to the appropriate congressional committees 
                a report on updates to and the implementation of the 
                Plan.
            ``(7) Survey and report.--
                    ``(A) In general.--The Comptroller General of the 
                United States shall conduct a biennial survey of the 
                satisfaction of recipients of transportation 
                intelligence reports disseminated under the Plan.
                    ``(B) Information sought.--The survey conducted 
                under subparagraph (A) shall seek information about the 
                quality, speed, regularity, and classification of the 
                transportation security information products 
                disseminated by the Department of Homeland Security to 
                public and private stakeholders.
                    ``(C) Report.--Not later than 1 year after the date 
                of the enactment of the Implementing Recommendations of 
                the 9/11 Commission Act of 2007, and every even numbered 
                year thereafter, the Comptroller General shall submit to 
                the appropriate congressional committees, a report on 
                the results of the survey conducted under subparagraph 
                (A). The Comptroller General shall also provide a copy 
                of the report to the Secretary.
            ``(8) Security clearances.--The Secretary shall, to the 
        greatest extent practicable, take steps to expedite the security 
        clearances needed for designated public and private stakeholders 
        to receive and obtain access to classified information 
        distributed under this section, as appropriate.
            ``(9) Classification of material.--The Secretary, to the 
        greatest extent practicable, shall provide designated public and 
        private stakeholders with transportation security information in 
        an unclassified format.''.

    (b) Congressional <<NOTE: 49 USC 114 note.>> Oversight of Security 
Assurance for Public and Private Stakeholders.--
            (1) In general.--Except as <<NOTE: Reports.>> provided in 
        paragraph (2), the Secretary shall provide a semiannual report 
        to the Committee on Homeland Security and Governmental Affairs, 
        the Committee on Commerce, Science, and Transportation, and the

[[Page 121 STAT. 386]]

        Committee on Banking, Housing, and Urban Affairs of the Senate 
        and the Committee on Homeland Security and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives that includes--
                    (A) the number of public and private stakeholders 
                who were provided with each report;
                    (B) a description of the measures the Secretary has 
                taken, under section 114(u)(7) of title 49, United 
                States Code, as added by this section, or otherwise, to 
                ensure proper treatment and security for any classified 
                information to be shared with the public and private 
                stakeholders under the Plan; and
                    (C) an explanation of the reason for the denial of 
                transportation security information to any stakeholder 
                who had previously received such information.
            (2) No report required if no changes in stakeholders.--The 
        Secretary is not required to provide a semiannual report under 
        paragraph (1) if no stakeholders have been added to or removed 
        from the group of persons with whom transportation security 
        information is shared under the plan since the end of the period 
        covered by the last preceding semiannual report.
SEC. 1204. <<NOTE: Establishment. 6 USC 1102.>> NATIONAL DOMESTIC 
                          PREPAREDNESS CONSORTIUM.

    (a) In General.--The Secretary is authorized to establish, operate, 
and maintain a National Domestic Preparedness Consortium within the 
Department.
    (b) Members.--Members of the National Domestic Preparedness 
Consortium shall consist of--
            (1) the Center for Domestic Preparedness;
            (2) the National Energetic Materials Research and Testing 
        Center, New Mexico Institute of Mining and Technology;
            (3) the National Center for Biomedical Research and 
        Training, Louisiana State University;
            (4) the National Emergency Response and Rescue Training 
        Center, Texas A&M University;
            (5) the National Exercise, Test, and Training Center, Nevada 
        Test Site;
            (6) the Transportation Technology Center, Incorporated, in 
        Pueblo, Colorado; and
            (7) the National Disaster Preparedness Training Center, 
        University of Hawaii.

    (c) Duties.--The National Domestic Preparedness Consortium shall 
identify, develop, test, and deliver training to State, local, and 
tribal emergency response providers, provide on-site and mobile training 
at the performance and management and planning levels, and facilitate 
the delivery of training by the training partners of the Department.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary--
            (1) for the Center for Domestic Preparedness--
                    (A) $57,000,000 for fiscal year 2008;
                    (B) $60,000,000 for fiscal year 2009;
                    (C) $63,000,000 for fiscal year 2010; and
                    (D) $66,000,000 for fiscal year 2011; and
            (2) for the National Energetic Materials Research and 
        Testing Center, the National Center for Biomedical Research

[[Page 121 STAT. 387]]

        and Training, the National Emergency Response and Rescue 
        Training Center, the National Exercise, Test, and Training 
        Center, the Transportation Technology Center, Incorporated, and 
        the National Disaster Preparedness Training Center each--
                    (A) $22,000,000 for fiscal year 2008;
                    (B) $23,000,000 for fiscal year 2009;
                    (C) $24,000,000 for fiscal year 2010; and
                    (D) $25,500,000 for fiscal year 2011.

    (e) Savings Provision.--From the amounts appropriated pursuant to 
this section, the Secretary shall ensure that future amounts provided to 
each of the following entities are not less than the amounts provided to 
each such entity for participation in the Consortium in fiscal year 
2007--
            (1) the Center for Domestic Preparedness;
            (2) the National Energetic Materials Research and Testing 
        Center, New Mexico Institute of Mining and Technology;
            (3) the National Center for Biomedical Research and 
        Training, Louisiana State University;
            (4) the National Emergency Response and Rescue Training 
        Center, Texas A&M University; and
            (5) the National Exercise, Test, and Training Center, Nevada 
        Test Site.
SEC. 1205. <<NOTE: 6 USC 1103.>> NATIONAL TRANSPORTATION SECURITY 
                          CENTER OF EXCELLENCE.

    (a) Establishment.--The Secretary shall establish a National 
Transportation Security Center of Excellence to conduct research and 
education activities, and to develop or provide professional security 
training, including the training of transportation employees and 
transportation professionals.
    (b) Designation.--The Secretary shall select one of the institutions 
identified in subsection (c) as the lead institution responsible for 
coordinating the National Transportation Security Center of Excellence.
    (c) Member Institutions.--
            (1) Consortium.--The institution of higher education 
        selected under subsection (b) shall execute agreements with the 
        other institutions of higher education identified in this 
        subsection and other institutions designated by the Secretary to 
        develop a consortium to assist in accomplishing the goals of the 
        Center.
            (2) Members.--The National Transportation Security Center of 
        Excellence shall consist of--
                    (A) Texas Southern University in Houston, Texas;
                    (B) the National Transit Institute at Rutgers, The 
                State University of New Jersey;
                    (C) Tougaloo College;
                    (D) the Connecticut Transportation Institute at the 
                University of Connecticut;
                    (E) the Homeland Security Management Institute, Long 
                Island University;
                    (F) the Mack-Blackwell National Rural Transportation 
                Study Center at the University of Arkansas; and
                    (G) any additional institutions or facilities 
                designated by the Secretary.

[[Page 121 STAT. 388]]

            (3) Certain inclusions.--To the extent practicable, the 
        Secretary shall ensure that an appropriate number of any 
        additional consortium colleges or universities designated by the 
        Secretary under this subsection are Historically Black Colleges 
        and Universities, Hispanic Serving Institutions, and Indian 
        Tribally Controlled Colleges and Universities.

    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $18,000,000 for fiscal year 2008;
            (2) $18,000,000 for fiscal year 2009;
            (3) $18,000,000 for fiscal year 2010; and
            (4) $18,000,000 for fiscal year 2011.
SEC. 1206. <<NOTE: 6 USC 1104.>> IMMUNITY FOR REPORTS OF SUSPECTED 
                          TERRORIST ACTIVITY OR SUSPICIOUS 
                          BEHAVIOR AND RESPONSE.

    (a) Immunity for Reports of Suspected Terrorist Activity or 
Suspicious Behavior.--
            (1) In general.--Any person who, in good faith and based on 
        objectively reasonable suspicion, makes, or causes to be made, a 
        voluntary report of covered activity to an authorized official 
        shall be immune from civil liability under Federal, State, and 
        local law for such report.
            (2) False reports.--Paragraph (1) shall not apply to any 
        report that the person knew to be false or was made with 
        reckless disregard for the truth at the time that person made 
        that report.

    (b) Immunity for Response.--
            (1) In general.--Any authorized official who observes, or 
        receives a report of, covered activity and takes reasonable 
        action in good faith to respond to such activity shall have 
        qualified immunity from civil liability for such action, 
        consistent with applicable law in the relevant jurisdiction. An 
        authorized official as defined by subsection (d)(1)(A) not 
        entitled to assert the defense of qualified immunity shall 
        nevertheless be immune from civil liability under Federal, 
        State, and local law if such authorized official takes 
        reasonable action, in good faith, to respond to the reported 
        activity.
            (2) Savings clause.--Nothing in this subsection shall affect 
        the ability of any authorized official to assert any defense, 
        privilege, or immunity that would otherwise be available, and 
        this subsection shall not be construed as affecting any such 
        defense, privilege, or immunity.

    (c) Attorney Fees and Costs.--Any person or authorized official 
found to be immune from civil liability under this section shall be 
entitled to recover from the plaintiff all reasonable costs and attorney 
fees.
    (d) Definitions.--In this section:
            (1) Authorized official.--The term ``authorized official'' 
        means--
                    (A) any employee or agent of a passenger 
                transportation system or other person with 
                responsibilities relating to the security of such 
                systems;
                    (B) any officer, employee, or agent of the 
                Department of Homeland Security, the Department of 
                Transportation, or the Department of Justice with 
                responsibilities relating to the security of passenger 
                transportation systems; or
                    (C) any Federal, State, or local law enforcement 
                officer.

[[Page 121 STAT. 389]]

            (2) Covered activity.--The term ``covered activity'' means 
        any suspicious transaction, activity, or occurrence that 
        involves, or is directed against, a passenger transportation 
        system or vehicle or its passengers indicating that an 
        individual may be engaging, or preparing to engage, in a 
        violation of law relating to--
                    (A) a threat to a passenger transportation system or 
                passenger safety or security; or
                    (B) an act of terrorism (as that term is defined in 
                section 3077 of title 18, United States Code).
            (3) Passenger transportation.--The term ``passenger 
        transportation'' means--
                    (A) public transportation, as defined in section 
                5302 of title 49, United States Code;
                    (B) over-the-road bus transportation, as defined in 
                title XV of this Act, and school bus transportation;
                    (C) intercity passenger rail transportation as 
                defined in section 24102 of title 49, United States 
                Code;
                    (D) the transportation of passengers onboard a 
                passenger vessel as defined in section 2101 of title 46, 
                United States Code;
                    (E) other regularly scheduled waterborne 
                transportation service of passengers by vessel of at 
                least 20 gross tons; and
                    (F) air transportation, as defined in section 40102 
                of title 49, United States Code, of passengers.
            (4) Passenger transportation system.--The term ``passenger 
        transportation system'' means an entity or entities organized to 
        provide passenger transportation using vehicles, including the 
        infrastructure used to provide such transportation.
            (5) Vehicle.--The term ``vehicle'' has the meaning given to 
        that term in section 1992(16) of title 18, United States Code.

    (e) Effective Date.--This section shall take effect on October 1, 
2006, and shall apply to all activities and claims occurring on or after 
such date.

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

SEC. 1301. <<NOTE: 6 USC 1111.>> DEFINITIONS.

    For purposes of this title, the following terms apply:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Commerce, Science, and Transportation, the Committee on Banking, 
        Housing, and Urban Affairs, and the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

[[Page 121 STAT. 390]]

            (4) State.--The term ``State'' means any one of the 50 
        States, the District of Columbia, Puerto Rico, the Northern 
        Mariana Islands, the Virgin Islands, Guam, American Samoa, and 
        any other territory or possession of the United States.
            (5) Terrorism.--The term ``terrorism'' has the meaning that 
        term has in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101).
            (6) United states.--The term ``United States'' means the 50 
        States, the District of Columbia, Puerto Rico, the Northern 
        Mariana Islands, the Virgin Islands, Guam, American Samoa, and 
        any other territory or possession of the United States.
SEC. 1302. ENFORCEMENT AUTHORITY.

    (a) In General.--Section 114 of title 49, United States Code, as 
amended by section 1203 of this Act, is further amended by adding at the 
end the following:
    ``(v) Enforcement of Regulations and Orders of the Secretary of 
Homeland Security.--
            ``(1) Application of subsection.--
                    ``(A) In general.--This subsection applies to the 
                enforcement of regulations prescribed, and orders 
                issued, by the Secretary of Homeland Security under a 
                provision of chapter 701 of title 46 and under a 
                provision of this title other than a provision of 
                chapter 449 (in this subsection referred to as an 
                `applicable provision of this title').
                    ``(B) Violations of chapter 449.--The penalties for 
                violations of regulations prescribed and orders issued 
                by the Secretary of Homeland Security under chapter 449 
                of this title are provided under chapter 463 of this 
                title.
                    ``(C) Nonapplication to certain violations.--
                          ``(i) Paragraphs (2) through (5) do not apply 
                      to violations of regulations prescribed, and 
                      orders issued, by the Secretary of Homeland 
                      Security under a provision of this title--
                                    ``(I) involving the transportation 
                                of personnel or shipments of materials 
                                by contractors where the Department of 
                                Defense has assumed control and 
                                responsibility;
                                    ``(II) by a member of the armed 
                                forces of the United States when 
                                performing official duties; or
                                    ``(III) by a civilian employee of 
                                the Department of Defense when 
                                performing official duties.
                          ``(ii) Violations described in subclause (I), 
                      (II), or (III) of clause (i) shall be subject to 
                      penalties as determined by the Secretary of 
                      Defense or the Secretary's designee.
            ``(2) Civil penalty.--
                    ``(A) In general.--A person is liable to the United 
                States Government for a civil penalty of not more than 
                $10,000 for a violation of a regulation prescribed, or 
                order issued, by the Secretary of Homeland Security 
                under an applicable provision of this title.
                    ``(B) Repeat violations.--A separate violation 
                occurs under this paragraph for each day the violation 
                continues.
            ``(3) Administrative imposition of civil penalties.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may impose a civil penalty for a violation of a 
                regulation

[[Page 121 STAT. 391]]

                prescribed, or order issued, under an applicable 
                provision of this title. <<NOTE: Notification.>> The 
                Secretary shall give written notice of the finding of a 
                violation and the penalty.
                    ``(B) Scope of civil action.--In a civil action to 
                collect a civil penalty imposed by the Secretary under 
                this subsection, a court may not re-examine issues of 
                liability or the amount of the penalty.
                    ``(C) Jurisdiction.--The district courts of the 
                United States shall have exclusive jurisdiction of civil 
                actions to collect a civil penalty imposed by the 
                Secretary under this subsection if--
                          ``(i) the amount in controversy is more than--
                                    ``(I) $400,000, if the violation was 
                                committed by a person other than an 
                                individual or small business concern; or
                                    ``(II) $50,000 if the violation was 
                                committed by an individual or small 
                                business concern;
                          ``(ii) the action is in rem or another action 
                      in rem based on the same violation has been 
                      brought; or
                          ``(iii) another action has been brought for an 
                      injunction based on the same violation.
                    ``(D) Maximum penalty.--The maximum civil penalty 
                the Secretary administratively may impose under this 
                paragraph is--
                          ``(i) $400,000, if the violation was committed 
                      by a person other than an individual or small 
                      business concern; or
                          ``(ii) $50,000, if the violation was committed 
                      by an individual or small business concern.
                    ``(E) Notice and opportunity to request hearing.--
                Before imposing a penalty under this section the 
                Secretary shall provide to the person against whom the 
                penalty is to be imposed--
                          ``(i) written notice of the proposed penalty; 
                      and
                          ``(ii) <<NOTE: Deadline.>> the opportunity to 
                      request a hearing on the proposed penalty, if the 
                      Secretary receives the request not later than 30 
                      days after the date on which the person receives 
                      notice.
            ``(4) Compromise and setoff.--
                    ``(A) The Secretary may compromise the amount of a 
                civil penalty imposed under this subsection.
                    ``(B) The Government may deduct the amount of a 
                civil penalty imposed or compromised under this 
                subsection from amounts it owes the person liable for 
                the penalty.
            ``(5) Investigations and proceedings.--
        Chapter <<NOTE: Applicability.>> 461 shall apply to 
        investigations and proceedings brought under this subsection to 
        the same extent that it applies to investigations and 
        proceedings brought with respect to aviation security duties 
        designated to be carried out by the Secretary.
            ``(6) Definitions.--In this subsection:
                    ``(A) Person.--The term `person' does not include--
                          ``(i) the United States Postal Service; or
                          ``(ii) the Department of Defense.
                    ``(B) Small business concern.--The term `small 
                business concern' has the meaning given that term in 
                section 3 of the Small Business Act (15 U.S.C. 632).
            ``(7) Enforcement transparency.--

[[Page 121 STAT. 392]]

                    ``(A) In general.--Not <<NOTE: Deadline.>> later 
                than December 31, 2008, and annually thereafter, the 
                Secretary shall--
                          ``(i) <<NOTE: Public information.>> provide an 
                      annual summary to the public of all enforcement 
                      actions taken by the Secretary under this 
                      subsection; and
                          ``(ii) include in each such summary the docket 
                      number of each enforcement action, the type of 
                      alleged violation, the penalty or penalties 
                      proposed, and the final assessment amount of each 
                      penalty.
                    ``(B) Electronic availability.--Each summary under 
                this paragraph shall be made available to the public by 
                electronic means.
                    ``(C) Relationship to the freedom of information act 
                and the privacy act.--Nothing in this subsection shall 
                be construed to require disclosure of information or 
                records that are exempt from disclosure under sections 
                552 or 552a of title 5.
                    ``(D) Enforcement guidance.--
                Not <<NOTE: Deadline. Reports. Public 
                information.>> later than 180 days after the enactment 
                of the Implementing Recommendations of the 9/11 
                Commission Act of 2007, the Secretary shall provide a 
                report to the public describing the enforcement process 
                established under this subsection.''.

    (b) Conforming Amendment.--Section 46301(a)(4) of title 49, United 
States Code, is amended by striking ``or another requirement under this 
title administered by the Under Secretary of Transportation for 
Security''.
SEC. 1303. <<NOTE: 6 USC 1112.>> AUTHORIZATION OF VISIBLE 
                          INTERMODAL PREVENTION AND RESPONSE 
                          TEAMS.

    (a) In General.--The Secretary, acting through the Administrator of 
the Transportation Security Administration, may develop Visible 
Intermodal Prevention and Response (referred to in this section as 
``VIPR'') teams to augment the security of any mode of transportation at 
any location within the United States. In forming a VIPR team, the 
Secretary--
            (1) may use any asset of the Department, including Federal 
        air marshals, surface transportation security inspectors, canine 
        detection teams, and advanced screening technology;
            (2) may determine when a VIPR team shall be deployed, as 
        well as the duration of the deployment;
            (3) shall, prior to and during the deployment, consult with 
        local security and law enforcement officials in the jurisdiction 
        where the VIPR team is or will be deployed, to develop and agree 
        upon the appropriate operational protocols and provide relevant 
        information about the mission of the VIPR team, as appropriate; 
        and
            (4) shall, prior to and during the deployment, consult with 
        all transportation entities directly affected by the deployment 
        of a VIPR team, as appropriate, including railroad carriers, air 
        carriers, airport owners, over-the-road bus operators and 
        terminal owners and operators, motor carriers, public 
        transportation agencies, owners or operators of highways, port 
        operators and facility owners, vessel owners and operators and 
        pipeline operators.

[[Page 121 STAT. 393]]

    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section such sums as 
necessary for fiscal years 2007 through 2011.
SEC. 1304. <<NOTE: 6 USC 1113.>> SURFACE TRANSPORTATION SECURITY 
                          INSPECTORS.

    (a) In General.--The Secretary, acting through the Administrator of 
the Transportation Security Administration, is authorized to train, 
employ, and utilize surface transportation security inspectors.
    (b) Mission.--The Secretary shall use surface transportation 
security inspectors to assist surface transportation carriers, 
operators, owners, entities, and facilities to enhance their security 
against terrorist attack and other security threats and to assist the 
Secretary in enforcing applicable surface transportation security 
regulations and directives.
    (c) Authorities.--Surface transportation security inspectors 
employed pursuant to this section shall be authorized such powers and 
delegated such responsibilities as the Secretary determines appropriate, 
subject to subsection (e).
    (d) Requirements.--The Secretary shall require that surface 
transportation security inspectors have relevant transportation 
experience and other security and inspection qualifications, as 
determined appropriate.
    (e) Limitations.--
            (1) Inspectors.--Surface transportation inspectors shall be 
        prohibited from issuing fines to public transportation agencies, 
        as defined in title XIV, for violations of the Department's 
        regulations or orders except through the process described in 
        paragraph (2).
            (2) Civil penalties.--The Secretary shall be prohibited from 
        assessing civil penalties against public transportation 
        agencies, as defined in title XIV, for violations of the 
        Department's regulations or orders, except in accordance with 
        the following:
                    (A) <<NOTE: Notification.>> In the case of a public 
                transportation agency that is found to be in violation 
                of a regulation or order issued by the Secretary, the 
                Secretary shall seek correction of the violation through 
                a written notice to the public transportation agency and 
                shall give the public transportation agency reasonable 
                opportunity to correct the violation or propose an 
                alternative means of compliance acceptable to the 
                Secretary.
                    (B) If the public transportation agency does not 
                correct the violation or propose an alternative means of 
                compliance acceptable to the Secretary within a 
                reasonable time period that is specified in the written 
                notice, the Secretary may take any action authorized in 
                section 114 of title 49, United States Code, as amended 
                by this Act.
            (3) Limitation on secretary.--The Secretary shall not 
        initiate civil enforcement actions for violations of 
        administrative and procedural requirements pertaining to the 
        application for, and expenditure of, funds awarded under 
        transportation security grant programs under this Act.

    (f) Number of Inspectors.--The Secretary shall employ up to a total 
of--
            (1) 100 surface transportation security inspectors in fiscal 
        year 2007;

[[Page 121 STAT. 394]]

            (2) 150 surface transportation security inspectors in fiscal 
        year 2008;
            (3) 175 surface transportation security inspectors in fiscal 
        year 2009; and
            (4) 200 surface transportation security inspectors in fiscal 
        years 2010 and 2011.

    (g) Coordination.--The Secretary shall ensure that the mission of 
the surface transportation security inspectors is consistent with any 
relevant risk assessments required by this Act or completed by the 
Department, the modal plans required under section 114(t) of title 49, 
United States Code, the Memorandum of Understanding between the 
Department and the Department of Transportation on Roles and 
Responsibilities, dated September 28, 2004, and any and all subsequent 
annexes to this Memorandum of Understanding, and other relevant 
documents setting forth the Department's transportation security 
strategy, as appropriate.
    (h) Consultation.--The Secretary shall periodically consult with the 
surface transportation entities which are or may be inspected by the 
surface transportation security inspectors, including, as appropriate, 
railroad carriers, over-the-road bus operators and terminal owners and 
operators, motor carriers, public transportation agencies, owners or 
operators of highways, and pipeline operators on--
            (1) the inspectors' duties, responsibilities, authorities, 
        and mission; and
            (2) strategies to improve transportation security and to 
        ensure compliance with transportation security requirements.

    (i) Report.--Not later than September 30, 2008, the Department of 
Homeland Security Inspector General shall transmit a report to the 
appropriate congressional committees on the performance and 
effectiveness of surface transportation security inspectors, whether 
there is a need for additional inspectors, and other recommendations.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section--
            (1) $11,400,000 for fiscal year 2007;
            (2) $17,100,000 for fiscal year 2008;
            (3) $19,950,000 for fiscal year 2009;
            (4) $22,800,000 for fiscal year 2010; and
            (5) $22,800,000 for fiscal year 2011.
SEC. 1305. <<NOTE: 6 USC 1114.>> SURFACE TRANSPORTATION SECURITY 
                          TECHNOLOGY INFORMATION SHARING.

    (a) In General.--
            (1) Information sharing.--The Secretary, in consultation 
        with the Secretary of Transportation, shall establish a program 
        to provide appropriate information that the Department has 
        gathered or developed on the performance, use, and testing of 
        technologies that may be used to enhance railroad, public 
        transportation, and surface transportation security to surface 
        transportation entities, including railroad carriers, over-the-
        road bus operators and terminal owners and operators, motor 
        carriers, public transportation agencies, owners or operators of 
        highways, pipeline operators, and State, local, and tribal 
        governments that provide security assistance to such entities.
            (2) Designation of qualified antiterrorism technologies.--
        The Secretary shall include in such information

[[Page 121 STAT. 395]]

        provided in paragraph (1) whether the technology is designated 
        as a qualified antiterrorism technology under the Support Anti-
        terrorism by Fostering Effective Technologies Act of 2002 
        (Public Law 107-296), as appropriate.

    (b) Purpose.--The purpose of the program is to assist eligible grant 
recipients under this Act and others, as appropriate, to purchase and 
use the best technology and equipment available to meet the security 
needs of the Nation's surface transportation system.
    (c) Coordination.--The Secretary shall ensure that the program 
established under this section makes use of and is consistent with other 
Department technology testing, information sharing, evaluation, and 
standards-setting programs, as appropriate.
SEC. 1306. <<NOTE: 6 USC 1115.>> TSA PERSONNEL LIMITATIONS.

    Any statutory limitation on the number of employees in the 
Transportation Security Administration does not apply to employees 
carrying out this title and titles XII, XIV, and XV.
SEC. 1307. <<NOTE: 6 USC 1116.>> NATIONAL EXPLOSIVES DETECTION 
                          CANINE TEAM TRAINING PROGRAM.

    (a) Definitions.--For purposes of this section, the term 
``explosives detection canine team'' means a canine and a canine handler 
that are trained to detect explosives, radiological materials, chemical, 
nuclear or biological weapons, or other threats as defined by the 
Secretary.
    (b) In General.--
            (1) Increased capacity.--Not <<NOTE: Deadline.>> later than 
        180 days after the date of enactment of this Act, the Secretary 
        of Homeland Security shall--
                    (A) begin to increase the number of explosives 
                detection canine teams certified by the Transportation 
                Security Administration for the purposes of 
                transportation-related security by up to 200 canine 
                teams annually by the end of 2010; and
                    (B) encourage State, local, and tribal governments 
                and private owners of high-risk transportation 
                facilities to strengthen security through the use of 
                highly trained explosives detection canine teams.
            (2) Explosives detection canine teams.--The Secretary of 
        Homeland Security shall increase the number of explosives 
        detection canine teams by--
                    (A) using the Transportation Security 
                Administration's National Explosives Detection Canine 
                Team Training Center, including expanding and upgrading 
                existing facilities, procuring and breeding additional 
                canines, and increasing staffing and oversight 
                commensurate with the increased training and deployment 
                capabilities;
                    (B) partnering with other Federal, State, or local 
                agencies, nonprofit organizations, universities, or the 
                private sector to increase the training capacity for 
                canine detection teams;
                    (C) procuring explosives detection canines trained 
                by nonprofit organizations, universities, or the private 
                sector provided they are trained in a manner consistent 
                with the standards and requirements developed pursuant 
                to subsection (c) or other criteria developed by the 
                Secretary; or

[[Page 121 STAT. 396]]

                    (D) a combination of subparagraphs (A), (B), and 
                (C), as appropriate.

    (c) Standards for Explosives Detection Canine Teams.--
            (1) In general.--Based on the feasibility in meeting the 
        ongoing demand for quality explosives detection canine teams, 
        the Secretary shall establish criteria, including canine 
        training curricula, performance standards, and other 
        requirements approved by the Transportation Security 
        Administration necessary to ensure that explosives detection 
        canine teams trained by nonprofit organizations, universities, 
        and private sector entities are adequately trained and 
        maintained.
            (2) Expansion.--In developing and implementing such 
        curriculum, performance standards, and other requirements, the 
        Secretary shall--
                    (A) coordinate with key stakeholders, including 
                international, Federal, State, and local officials, and 
                private sector and academic entities to develop best 
                practice guidelines for such a standardized program, as 
                appropriate;
                    (B) require that explosives detection canine teams 
                trained by nonprofit organizations, universities, or 
                private sector entities that are used or made available 
                by the Secretary be trained consistent with specific 
                training criteria developed by the Secretary; and
                    (C) review the status of the private sector programs 
                on at least an annual basis to ensure compliance with 
                training curricula, performance standards, and other 
                requirements.

    (d) Deployment.--The Secretary shall--
            (1) use the additional explosives detection canine teams as 
        part of the Department's efforts to strengthen security across 
        the Nation's transportation network, and may use the canine 
        teams on a more limited basis to support other homeland security 
        missions, as determined appropriate by the Secretary;
            (2) make available explosives detection canine teams to all 
        modes of transportation, for high-risk areas or to address 
        specific threats, on an as-needed basis and as otherwise 
        determined appropriate by the Secretary;
            (3) encourage, but not require, any transportation facility 
        or system to deploy TSA-certified explosives detection canine 
        teams developed under this section; and
            (4) consider specific needs and training requirements for 
        explosives detection canine teams to be deployed across the 
        Nation's transportation network, including in venues of multiple 
        modes of transportation, as appropriate.

    (e) Canine Procurement.--The Secretary, acting through the 
Administrator of the Transportation Security Administration, shall work 
to ensure that explosives detection canine teams are procured as 
efficiently as possible and at the best price, while maintaining the 
needed level of quality, including, if appropriate, through increased 
domestic breeding.
    (f) Study.--Not <<NOTE: Deadline. Reports.>> later than 1 year after 
the date of enactment of this Act, the Comptroller General shall report 
to the appropriate congressional committees on the utilization of 
explosives detection canine teams to strengthen security and the 
capacity of the national explosive detection canine team program.

[[Page 121 STAT. 397]]

    (g) Authorization.--There are authorized to be appropriated to the 
Secretary such sums as may be necessary to carry out this section for 
fiscal years 2007 through 2011.
SEC. 1308. MARITIME AND SURFACE TRANSPORTATION SECURITY USER FEE 
                          STUDY.

    (a) In General.--The Secretary of Homeland Security shall conduct a 
study of the need for, and feasibility of, establishing a system of 
maritime and surface transportation-related user fees that may be 
imposed and collected as a dedicated revenue source, on a temporary or 
continuing basis, to provide necessary funding for legitimate 
improvements to, and maintenance of, maritime and surface transportation 
security, including vessel and facility plans required under section 
70103(c) of title 46, United States Code. In developing the study, the 
Secretary shall consult with maritime and surface transportation 
carriers, shippers, passengers, facility owners and operators, and other 
persons as determined by the Secretary. <<NOTE: Deadline. Reports.>> Not 
later than 1 year after the date of the enactment of this Act, the 
Secretary shall submit a report to the appropriate congressional 
committees that contains--
            (1) the results of the study;
            (2) an assessment of the annual sources of funding collected 
        through maritime and surface transportation at ports of entry 
        and a detailed description of the distribution and use of such 
        funds, including the amount and percentage of such sources that 
        are dedicated to improve and maintain security;
            (3) an assessment of--
                    (A) the fees, charges, and standards imposed on 
                United States ports, port terminal operators, shippers, 
                carriers, and other persons who use United States ports 
                of entry compared with the fees and charges imposed on 
                Canadian and Mexican ports, Canadian and Mexican port 
                terminal operators, shippers, carriers, and other 
                persons who use Canadian or Mexican ports of entry; and
                    (B) the impact of such fees, charges, and standards 
                on the competitiveness of United States ports, port 
                terminal operators, railroad carriers, motor carriers, 
                pipelines, other transportation modes, and shippers;
            (4) the private efforts and investments to secure maritime 
        and surface transportation modes, including those that are 
        operational and those that are planned; and
            (5) the Secretary's recommendations based upon the study, 
        and an assessment of the consistency of such recommendations 
        with the international obligations and commitments of the United 
        States.

    (b) Definitions.--In this section:
            (1) Port of entry.--The term ``port of entry'' means any 
        port or other facility through which foreign goods are permitted 
        to enter the customs territory of a country under official 
        supervision.
            (2) Maritime and surface transportation.--The term 
        ``maritime and surface transportation'' includes ocean borne and 
        vehicular transportation.
SEC. 1309. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY 
                          CARDS TO CONVICTED FELONS.

    (a) In General.--Section 70105 of title 46, United States Code, is 
amended--

[[Page 121 STAT. 398]]

            (1) in subsection (b)(1), by striking ``decides that the 
        individual poses a security risk under subsection (c)'' and 
        inserting ``determines under subsection (c) that the individual 
        poses a security risk''; and
            (2) in subsection (c), by amending paragraph (1) to read as 
        follows:
            ``(1) Disqualifications.--
                    ``(A) Permanent disqualifying criminal offenses.--
                Except as provided under paragraph (2), an individual is 
                permanently disqualified from being issued a biometric 
                transportation security card under subsection (b) if the 
                individual has been convicted, or found not guilty by 
                reason of insanity, in a civilian or military 
                jurisdiction of any of the following felonies:
                          ``(i) Espionage or conspiracy to commit 
                      espionage.
                          ``(ii) Sedition or conspiracy to commit 
                      sedition.
                          ``(iii) Treason or conspiracy to commit 
                      treason.
                          ``(iv) A Federal crime of terrorism (as 
                      defined in section 2332b(g) of title 18), a crime 
                      under a comparable State law, or conspiracy to 
                      commit such crime.
                          ``(v) A crime involving a transportation 
                      security incident.
                          ``(vi) Improper transportation of a hazardous 
                      material in violation of section 5104(b) of title 
                      49, or a comparable State law.
                          ``(vii) Unlawful possession, use, sale, 
                      distribution, manufacture, purchase, receipt, 
                      transfer, shipment, transportation, delivery, 
                      import, export, or storage of, or dealing in, an 
                      explosive or explosive device. In this clause, an 
                      explosive or explosive device includes--
                                    ``(I) an explosive (as defined in 
                                sections 232(5) and 844(j) of title 18);
                                    ``(II) explosive materials (as 
                                defined in subsections (c) through (f) 
                                of section 841 of title 18); and
                                    ``(III) a destructive device (as 
                                defined in 921(a)(4) of title 18 or 
                                section 5845(f) of the Internal Revenue 
                                Code of 1986).
                          ``(viii) Murder.
                          ``(ix) Making any threat, or maliciously 
                      conveying false information knowing the same to be 
                      false, concerning the deliverance, placement, or 
                      detonation of an explosive or other lethal device 
                      in or against a place of public use, a State or 
                      other government facility, a public transportation 
                      system, or an infrastructure facility.
                          ``(x) A violation of chapter 96 of title 18, 
                      popularly known as the Racketeer Influenced and 
                      Corrupt Organizations Act, or a comparable State 
                      law, if one of the predicate acts found by a jury 
                      or admitted by the defendant consists of one of 
                      the crimes listed in this subparagraph.
                          ``(xi) Attempt to commit any of the crimes 
                      listed in clauses (i) through (iv).
                          ``(xii) Conspiracy or attempt to commit any of 
                      the crimes described in clauses (v) through (x).

[[Page 121 STAT. 399]]

                    ``(B) Interim disqualifying criminal offenses.--
                Except as provided under paragraph (2), an individual is 
                disqualified from being issued a biometric 
                transportation security card under subsection (b) if the 
                individual has been convicted, or found not guilty by 
                reason of insanity, during the 7-year period ending on 
                the date on which the individual applies for such card, 
                or was released from incarceration during the 5-year 
                period ending on the date on which the individual 
                applies for such card, of any of the following felonies:
                          ``(i) Unlawful possession, use, sale, 
                      manufacture, purchase, distribution, receipt, 
                      transfer, shipment, transportation, delivery, 
                      import, export, or storage of, or dealing in, a 
                      firearm or other weapon. In this clause, a firearm 
                      or other weapon includes--
                                    ``(I) firearms (as defined in 
                                section 921(a)(3) of title 18 or section 
                                5845(a) of the Internal Revenue Code of 
                                1986); and
                                    ``(II) items contained on the U.S. 
                                Munitions Import List under section 
                                447.21 of title 27, Code of Federal 
                                Regulations.
                          ``(ii) Extortion.
                          ``(iii) Dishonesty, fraud, or 
                      misrepresentation, including identity fraud and 
                      money laundering if the money laundering is 
                      related to a crime described in this subparagraph 
                      or subparagraph (A). In this clause, welfare fraud 
                      and passing bad checks do not constitute 
                      dishonesty, fraud, or misrepresentation.
                          ``(iv) Bribery.
                          ``(v) Smuggling.
                          ``(vi) Immigration violations.
                          ``(vii) Distribution of, possession with 
                      intent to distribute, or importation of a 
                      controlled substance.
                          ``(viii) Arson.
                          ``(ix) Kidnaping or hostage taking.
                          ``(x) Rape or aggravated sexual abuse.
                          ``(xi) Assault with intent to kill.
                          ``(xii) Robbery.
                          ``(xiii) Conspiracy or attempt to commit any 
                      of the crimes listed in this subparagraph.
                          ``(xiv) Fraudulent entry into a seaport in 
                      violation of section 1036 of title 18, or a 
                      comparable State law.
                          ``(xv) A violation of the chapter 96 of title 
                      18, popularly known as the Racketeer Influenced 
                      and Corrupt Organizations Act or a comparable 
                      State law, other than any of the violations listed 
                      in subparagraph (A)(x).
                    ``(C) Under want, warrant, or indictment.--An 
                applicant who is wanted, or under indictment, in any 
                civilian or military jurisdiction for a felony listed in 
                paragraph (1)(A), is disqualified from being issued a 
                biometric transportation security card under subsection 
                (b) until the want or warrant is released or the 
                indictment is dismissed.
                    ``(D) Other potential disqualifications.--Except as 
                provided under subparagraphs (A) through (C), an 
                individual may not be denied a transportation security 
                card

[[Page 121 STAT. 400]]

                under subsection (b) unless the Secretary determines 
                that individual--
                          ``(i) has been convicted within the preceding 
                      7-year period of a felony or found not guilty by 
                      reason of insanity of a felony--
                                    ``(I) that the Secretary believes 
                                could cause the individual to be a 
                                terrorism security risk to the United 
                                States; or
                                    ``(II) for causing a severe 
                                transportation security incident;
                          ``(ii) has been released from incarceration 
                      within the preceding 5-year period for committing 
                      a felony described in clause (i);
                          ``(iii) may be denied admission to the United 
                      States or removed from the United States under the 
                      Immigration and Nationality Act (8 U.S.C. 1101 et 
                      seq.); or
                          ``(iv) otherwise poses a terrorism security 
                      risk to the United States.
                    ``(E) Modification of listed offenses.--The 
                Secretary may, by rulemaking, add to or modify the list 
                of disqualifying crimes described in paragraph 
                (1)(B).''.
SEC. 1310. <<NOTE: 6 USC 1117.>> ROLES OF THE DEPARTMENT OF 
                          HOMELAND SECURITY AND THE DEPARTMENT OF 
                          TRANSPORTATION.

    The Secretary of Homeland Security is the principal Federal official 
responsible for transportation security. The roles and responsibilities 
of the Department of Homeland Security and the Department of 
Transportation in carrying out this title and titles XII, XIV, and XV 
are the roles and responsibilities of such Departments pursuant to the 
Aviation and Transportation Security Act (Public Law 107-71); the 
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 
108-458); the National Infrastructure Protection Plan required by 
Homeland Security Presidential Directive-7; The Homeland Security Act of 
2002; The National Response Plan; Executive Order No. 13416: 
Strengthening Surface Transportation Security, dated December 5, 2006; 
the Memorandum of Understanding between the Department and the 
Department of Transportation on Roles and Responsibilities, dated 
September 28, 2004, and any and all subsequent annexes to this 
Memorandum of Understanding; and any other relevant agreements between 
the two Departments.

   TITLE XIV--PUBLIC <<NOTE: National Transit Systems Security Act of 
2007.>> TRANSPORTATION SECURITY
SEC. 1401. <<NOTE: 6 USC 1101 note.>> SHORT TITLE.

    This title may be cited as the ``National Transit Systems Security 
Act of 2007''.
SEC. 1402. <<NOTE: 6 USC 1131.>> DEFINITIONS.

    For purposes of this title, the following terms apply:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Banking, Housing, and Urban Affairs, and the Committee on 
        Homeland Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security and the Committee

[[Page 121 STAT. 401]]

        on Transportation and Infrastructure of the House of 
        Representatives.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Disadvantaged businesses concerns.--The term 
        ``disadvantaged business concerns'' means small businesses that 
        are owned and controlled by socially and economically 
        disadvantaged individuals as defined in section 124, title 13, 
        Code of Federal Regulations.
            (4) Frontline employee.--The term ``frontline employee'' 
        means an employee of a public transportation agency who is a 
        transit vehicle driver or operator, dispatcher, maintenance and 
        maintenance support employee, station attendant, customer 
        service employee, security employee, or transit police, or any 
        other employee who has direct contact with riders on a regular 
        basis, and any other employee of a public transportation agency 
        that the Secretary determines should receive security training 
        under section 1408.
            (5) Public transportation agency.--The term ``public 
        transportation agency'' means a publicly owned operator of 
        public transportation eligible to receive Federal assistance 
        under chapter 53 of title 49, United States Code.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
SEC. 1403. <<NOTE: 6 USC 1132.>> FINDINGS.

    Congress finds that--
            (1) 182 public transportation systems throughout the world 
        have been primary targets of terrorist attacks;
            (2) more than 6,000 public transportation agencies operate 
        in the United States;
            (3) people use public transportation vehicles 33,000,000 
        times each day;
            (4) the Federal Transit Administration has invested 
        $93,800,000,000 since 1992 for construction and improvements;
            (5) the Federal investment in transit security has been 
        insufficient; and
            (6) greater Federal investment in transit security 
        improvements per passenger boarding is necessary to better 
        protect the American people, given transit's vital importance in 
        creating mobility and promoting our Nation's economy.
SEC. 1404. <<NOTE: 6 USC 1133.>> NATIONAL STRATEGY FOR PUBLIC 
                          TRANSPORTATION SECURITY.

    (a) National Strategy.--Not <<NOTE: Deadline.>> later than 9 months 
after the date of enactment of this Act and based upon the previous and 
ongoing security assessments conducted by the Department and the 
Department of Transportation, the Secretary, consistent with and as 
required by section 114(t) of title 49, United States Code, shall 
develop and implement the modal plan for public transportation, entitled 
the ``National Strategy for Public Transportation Security''.

    (b) Purpose.--
            (1) Guidelines.--In developing the National Strategy for 
        Public Transportation Security, the Secretary shall establish 
        guidelines for public transportation security that--
                    (A) minimize security threats to public 
                transportation systems; and

[[Page 121 STAT. 402]]

                    (B) maximize the abilities of public transportation 
                systems to mitigate damage resulting from terrorist 
                attack or other major incident.
            (2) Assessments and consultations.--In developing the 
        National Strategy for Public Transportation Security, the 
        Secretary shall--
                    (A) use established and ongoing public 
                transportation security assessments as the basis of the 
                National Strategy for Public Transportation Security; 
                and
                    (B) consult with all relevant stakeholders, 
                including public transportation agencies, nonprofit 
                labor organizations representing public transportation 
                employees, emergency responders, public safety 
                officials, and other relevant parties.

    (c) Contents.--In the National Strategy for Public Transportation 
Security, the Secretary shall describe prioritized goals, objectives, 
policies, actions, and schedules to improve the security of public 
transportation.
    (d) Responsibilities.--The Secretary shall include in the National 
Strategy for Public Transportation Security a description of the roles, 
responsibilities, and authorities of Federal, State, and local agencies, 
tribal governments, and appropriate stakeholders. The plan shall also 
include--
            (1) the identification of, and a plan to address, gaps and 
        unnecessary overlaps in the roles, responsibilities, and 
        authorities of Federal agencies; and
            (2) a process for coordinating existing or future security 
        strategies and plans for public transportation, including the 
        National Infrastructure Protection Plan required by Homeland 
        Security Presidential Directive-7; Executive Order No. 13416: 
        Strengthening Surface Transportation Security dated December 5, 
        2006; the Memorandum of Understanding between the Department and 
        the Department of Transportation on Roles and Responsibilities 
        dated September 28, 2004; and subsequent annexes and agreements.

    (e) Adequacy of Existing Plans and Strategies.--In developing the 
National Strategy for Public Transportation Security, the Secretary 
shall use relevant existing risk assessments and strategies developed by 
the Department or other Federal agencies, including those developed or 
implemented pursuant to section 114(t) of title 49, United States Code, 
or Homeland Security Presidential Directive-7.
    (f) Funding.--There is authorized to be appropriated to the 
Secretary to carry out this section $2,000,000 for fiscal year 2008.
SEC. 1405. <<NOTE: 6 USC 1134.>> SECURITY ASSESSMENTS AND PLANS.

    (a) Public <<NOTE: Deadlines.>> Transportation Security 
Assessments.--
            (1) Submission.--Not later than 30 days after the date of 
        enactment of this Act, the Administrator of the Federal Transit 
        Administration of the Department of Transportation shall submit 
        all public transportation security assessments and all other 
        relevant information to the Secretary.
            (2) Secretarial review.--Not later than 60 days after 
        receiving the submission under paragraph (1), the Secretary 
        shall review and augment the security assessments received, and 
        conduct additional security assessments as necessary to ensure 
        that at a minimum, all high risk public transportation

[[Page 121 STAT. 403]]

        agencies, as determined by the Secretary, will have a completed 
        security assessment.
            (3) Content.--The Secretary shall ensure that each completed 
        security assessment includes--
                    (A) identification of critical assets, 
                infrastructure, and systems and their vulnerabilities; 
                and
                    (B) identification of any other security weaknesses, 
                including weaknesses in emergency response planning and 
                employee training.

    (b) Bus and <<NOTE: Deadline.>> Rural Public Transportation 
Systems.--Not later than 180 days after the date of enactment of this 
Act, the Secretary shall--
            (1) conduct security assessments, based on a representative 
        sample, to determine the specific needs of--
                    (A) local bus-only public transportation systems; 
                and
                    (B) public transportation systems that receive funds 
                under section 5311 of title 49, United States Code; and
            (2) make the representative assessments available for use by 
        similarly situated systems.

    (c) Security Plans.--
            (1) Requirement for plan.--
                    (A) High risk agencies.--The Secretary shall require 
                public transportation agencies determined by the 
                Secretary to be at high risk for terrorism to develop a 
                comprehensive security plan. The Secretary shall provide 
                technical assistance and guidance to public 
                transportation agencies in preparing and implementing 
                security plans under this section.
                    (B) Other agencies.--Provided that no public 
                transportation agency that has not been designated high 
                risk shall be required to develop a security plan, the 
                Secretary may also establish a security program for 
                public transportation agencies not designated high risk 
                by the Secretary, to assist those public transportation 
                agencies which request assistance, including--
                          (i) guidance to assist such agencies in 
                      conducting security assessments and preparing and 
                      implementing security plans; and
                          (ii) a process for the Secretary to review and 
                      approve such assessments and plans, as 
                      appropriate.
            (2) Contents of plan.--The Secretary shall ensure that 
        security plans include, as appropriate--
                    (A) a prioritized list of all items included in the 
                public transportation agency's security assessment that 
                have not yet been addressed;
                    (B) a detailed list of any additional capital and 
                operational improvements identified by the Department or 
                the public transportation agency and a certification of 
                the public transportation agency's technical capacity 
                for operating and maintaining any security equipment 
                that may be identified in such list;
                    (C) specific procedures to be implemented or used by 
                the public transportation agency in response to a 
                terrorist attack, including evacuation and passenger 
                communication plans and appropriate evacuation and 
                communication measures for the elderly and individuals 
                with disabilities;

[[Page 121 STAT. 404]]

                    (D) a coordinated response plan that establishes 
                procedures for appropriate interaction with State and 
                local law enforcement agencies, emergency responders, 
                and Federal officials in order to coordinate security 
                measures and plans for response in the event of a 
                terrorist attack or other major incident;
                    (E) a strategy and timeline for conducting training 
                under section 1408;
                    (F) plans for providing redundant and other 
                appropriate backup systems necessary to ensure the 
                continued operation of critical elements of the public 
                transportation system in the event of a terrorist attack 
                or other major incident;
                    (G) plans for providing service capabilities 
                throughout the system in the event of a terrorist attack 
                or other major incident in the city or region which the 
                public transportation system serves;
                    (H) methods to mitigate damage within a public 
                transportation system in case of an attack on the 
                system, including a plan for communication and 
                coordination with emergency responders; and
                    (I) other actions or procedures as the Secretary 
                determines are appropriate to address the security of 
                the public transportation system.
            (3) Review.--Not <<NOTE: Deadline.>> later than 6 months 
        after receiving the plans required under this section, the 
        Secretary shall--
                    (A) review each security plan submitted;
                    (B) require the public transportation agency to make 
                any amendments needed to ensure that the plan meets the 
                requirements of this section; and
                    (C) approve any security plan that meets the 
                requirements of this section.
            (4) Exemption.--The Secretary shall not require a public 
        transportation agency to develop a security plan under paragraph 
        (1) if the agency does not receive a grant under section 1406.
            (5) Waiver.--The <<NOTE: Notification.>> Secretary may waive 
        the exemption provided in paragraph (4) to require a public 
        transportation agency to develop a security plan under paragraph 
        (1) in the absence of grant funds under section 1406 if not less 
        than 3 days after making the determination the Secretary 
        provides the appropriate congressional committees and the public 
        transportation agency written notification detailing the need 
        for the security plan, the reasons grant funding has not been 
        made available, and the reason the agency has been designated 
        high risk.

    (d) Consistency With Other Plans.--The Secretary shall ensure that 
the security plans developed by public transportation agencies under 
this section are consistent with the security assessments developed by 
the Department and the National Strategy for Public Transportation 
Security developed under section 1404.
    (e) Updates.--Not <<NOTE: Deadline.>> later than September 30, 2008, 
and annually thereafter, the Secretary shall--
            (1) update the security assessments referred to in 
        subsection (a);
            (2) update the security improvement priorities required 
        under subsection (f); and

[[Page 121 STAT. 405]]

            (3) require public transportation agencies to update the 
        security plans required under subsection (c) as appropriate.

    (f) Security Improvement Priorities.--
            (1) In general.--Beginning <<NOTE: Effective date.>> in 
        fiscal year 2008 and each fiscal year thereafter, the Secretary, 
        after consultation with management and nonprofit employee labor 
        organizations representing public transportation employees as 
        appropriate, and with appropriate State and local officials, 
        shall utilize the information developed or received in this 
        section to establish security improvement priorities unique to 
        each individual public transportation agency that has been 
        assessed.
            (2) Allocations.--The Secretary shall use the security 
        improvement priorities established in paragraph (1) as the basis 
        for allocating risk-based grant funds under section 1406, unless 
        the Secretary notifies the appropriate congressional committees 
        that the Secretary has determined an adjustment is necessary to 
        respond to an urgent threat or other significant national 
        security factors.

    (g) Shared Facilities.--The Secretary shall encourage the 
development and implementation of coordinated assessments and security 
plans to the extent a public transportation agency shares facilities 
(such as tunnels, bridges, stations, or platforms) with another public 
transportation agency, a freight or passenger railroad carrier, or over-
the-road bus operator that are geographically close or otherwise co-
located.
    (h) Nondisclosure of Information.--
            (1) Submission of information to congress.--Nothing in this 
        section shall be construed as authorizing the withholding of any 
        information from Congress.
            (2) Disclosure of independently furnished information.--
        Nothing in this section shall be construed as affecting any 
        authority or obligation of a Federal agency to disclose any 
        record or information that the Federal agency obtains from a 
        public transportation agency under any other Federal law.

    (i) Determination.--In response to a petition by a public 
transportation agency or at the discretion of the Secretary, the 
Secretary may recognize existing procedures, protocols, and standards of 
a public transportation agency that the Secretary determines meet all or 
part of the requirements of this section regarding security assessments 
or security plans.
SEC. 1406. <<NOTE: 6 USC 1135.>> PUBLIC TRANSPORTATION SECURITY 
                          ASSISTANCE.

    (a) Security Assistance Program.--
            (1) In general.--The Secretary shall establish a program for 
        making grants to eligible public transportation agencies for 
        security improvements described in subsection (b).
            (2) Eligibility.--A public transportation agency is eligible 
        for a grant under this section if the Secretary has performed a 
        security assessment or the agency has developed a security plan 
        under section 1405. Grant funds shall only be awarded for 
        permissible uses under subsection (b) to--
                    (A) address items included in a security assessment; 
                or
                    (B) further a security plan.

    (b) Uses of Funds.--A recipient of a grant under subsection (a) 
shall use the grant funds for one or more of the following:

[[Page 121 STAT. 406]]

            (1) Capital uses of funds, including--
                    (A) tunnel protection systems;
                    (B) perimeter protection systems, including access 
                control, installation of improved lighting, fencing, and 
                barricades;
                    (C) redundant critical operations control systems;
                    (D) chemical, biological, radiological, or explosive 
                detection systems, including the acquisition of canines 
                used for such detection;
                    (E) surveillance equipment;
                    (F) communications equipment, including mobile 
                service equipment to provide access to wireless Enhanced 
                911 (E911) emergency services in an underground fixed 
                guideway system;
                    (G) emergency response equipment, including personal 
                protective equipment;
                    (H) fire suppression and decontamination equipment;
                    (I) global positioning or tracking and recovery 
                equipment, and other automated-vehicle-locator-type 
                system equipment;
                    (J) evacuation improvements;
                    (K) purchase and placement of bomb-resistant trash 
                cans throughout public transportation facilities, 
                including subway exits, entrances, and tunnels;
                    (L) capital costs associated with security 
                awareness, security preparedness, and security response 
                training, including training under section 1408 and 
                exercises under section 1407;
                    (M) security improvements for public transportation 
                systems, including extensions thereto, in final design 
                or under construction;
                    (N) security improvements for stations and other 
                public transportation infrastructure, including stations 
                and other public transportation infrastructure owned by 
                State or local governments; and
                    (O) other capital security improvements determined 
                appropriate by the Secretary.
            (2) Operating uses of funds, including--
                    (A) security training, including training under 
                section 1408 and training developed by institutions of 
                higher education and by nonprofit employee labor 
                organizations, for public transportation employees, 
                including frontline employees;
                    (B) live or simulated exercises under section 1407;
                    (C) public awareness campaigns for enhanced public 
                transportation security;
                    (D) canine patrols for chemical, radiological, 
                biological, or explosives detection;
                    (E) development of security plans under section 
                1405;
                    (F) overtime reimbursement including reimbursement 
                of State, local, and tribal governments, for costs for 
                enhanced security personnel during significant national 
                and international public events;
                    (G) operational costs, including reimbursement of 
                State, local, and tribal governments for costs for 
                personnel assigned to full-time or part-time security or 
                counterterrorism duties related to public 
                transportation,

[[Page 121 STAT. 407]]

                provided that this expense totals no more than 10 
                percent of the total grant funds received by a public 
                transportation agency in any 1 year; and
                    (H) other operational security costs determined 
                appropriate by the Secretary, excluding routine, ongoing 
                personnel costs, other than those set forth in this 
                section.

    (c) Department of Homeland Security Responsibilities.--In carrying 
out the responsibilities under subsection (a), the Secretary shall--
            (1) determine the requirements for recipients of grants 
        under this section, including application requirements;
            (2) pursuant to subsection (a)(2), select the recipients of 
        grants based solely on risk; and
            (3) pursuant to subsection (b), establish the priorities for 
        which grant funds may be used under this section.

    (d) Distribution of Grants.--Not <<NOTE: Deadline.>> later than 90 
days after the date of enactment of this Act, the Secretary and the 
Secretary of Transportation shall determine the most effective and 
efficient way to distribute grant funds to the recipients of grants 
determined by the Secretary under subsection (a). Subject to the 
determination made by the Secretaries, the Secretary may transfer funds 
to the Secretary of Transportation for the purposes of disbursing funds 
to the grant recipient.

    (e) Subject to Certain Terms and Conditions.--Except as otherwise 
specifically provided in this section, a grant provided under this 
section shall be subject to the terms and conditions applicable to a 
grant made under section 5307 of title 49, United States Code, as in 
effect on January 1, 2007, and such other terms and conditions as are 
determined necessary by the Secretary.
    (f) Limitation on Uses of Funds.--Grants made under this section may 
not be used to make any State or local government cost-sharing 
contribution under any other Federal law.
    (g) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary on the use of the grant funds.
    (h) Guidelines.--Before distribution of funds to recipients of 
grants, the Secretary shall issue guidelines to ensure that, to the 
extent that recipients of grants under this section use contractors or 
subcontractors, such recipients shall use small, minority, women-owned, 
or disadvantaged business concerns as contractors or subcontractors to 
the extent practicable.
    (i) Coordination With State Homeland Security Plans.--In 
establishing security improvement priorities under section 1405 and in 
awarding grants for capital security improvements and operational 
security improvements under subsection (b), the Secretary shall act 
consistently with relevant State homeland security plans.
    (j) Multistate Transportation Systems.--In cases in which a public 
transportation system operates in more than one State, the Secretary 
shall give appropriate consideration to the risks of the entire system, 
including those portions of the States into which the system crosses, in 
establishing security improvement priorities under section 1405 and in 
awarding grants for capital security improvements and operational 
security improvements under subsection (b).
    (k) Congressional Notification.--Not <<NOTE: Deadline.>> later than 
3 days before the award of any grant under this section, the Secretary

[[Page 121 STAT. 408]]

shall notify simultaneously, the appropriate congressional committees of 
the intent to award such grant.
    (l) Return of Misspent Grant Funds.--The Secretary shall establish a 
process to require the return of any misspent grant funds received under 
this section determined to have been spent for a purpose other than 
those specified in the grant award.
    (m) Authorization of Appropriations.--
            (1) There are authorized to be appropriated to the Secretary 
        to make grants under this section--
                    (A) such sums as are necessary for fiscal year 2007;
                    (B) $650,000,000 for fiscal year 2008, except that 
                not more than 50 percent of such funds may be used for 
                operational costs under subsection (b)(2);
                    (C) $750,000,000 for fiscal year 2009, except that 
                not more than 30 percent of such funds may be used for 
                operational costs under subsection (b)(2);
                    (D) $900,000,000 for fiscal year 2010, except that 
                not more than 20 percent of such funds may be used for 
                operational costs under subsection (b)(2); and
                    (E) $1,100,000,000 for fiscal year 2011, except that 
                not more than 10 percent of such funds may be used for 
                operational costs under subsection (b)(2).
            (2) Period of availability.--Sums appropriated to carry out 
        this section shall remain available until expended.
            (3) Waiver.--The Secretary may waive the limitation on 
        operational costs specified in subparagraphs (B) through (E) of 
        paragraph (1) if the Secretary determines that such a waiver is 
        required in the interest of national security, and if the 
        Secretary provides a written justification to the appropriate 
        congressional committees prior to any such action.
            (4) Effective date.--Funds provided for fiscal year 2007 
        transit security grants under Public Law 110-28 shall be 
        allocated based on security assessments that are in existence as 
        of the date of enactment of this Act.
SEC. 1407. <<NOTE: 6 USC 1136.>> SECURITY EXERCISES.

    (a) In General.--The Secretary shall establish a program for 
conducting security exercises for public transportation agencies for the 
purpose of assessing and improving the capabilities of entities 
described in subsection (b) to prevent, prepare for, mitigate against, 
respond to, and recover from acts of terrorism.
    (b) Covered Entities.--Entities to be assessed under the program 
shall include--
            (1) Federal, State, and local agencies and tribal 
        governments;
            (2) public transportation agencies;
            (3) governmental and nongovernmental emergency response 
        providers and law enforcement personnel, including transit 
        police; and
            (4) any other organization or entity that the Secretary 
        determines appropriate.

    (c) Requirements.--The Secretary shall ensure that the program--
            (1) requires, for public transportation agencies which the 
        Secretary deems appropriate, exercises to be conducted that 
        are--

[[Page 121 STAT. 409]]

                    (A) scaled and tailored to the needs of specific 
                public transportation systems, and include taking into 
                account the needs of the elderly and individuals with 
                disabilities;
                    (B) live;
                    (C) coordinated with appropriate officials;
                    (D) as realistic as practicable and based on current 
                risk assessments, including credible threats, 
                vulnerabilities, and consequences;
                    (E) inclusive, as appropriate, of frontline 
                employees and managers; and
                    (F) consistent with the National Incident Management 
                System, the National Response Plan, the National 
                Infrastructure Protection Plan, the National 
                Preparedness Guidance, the National Preparedness Goal, 
                and other such national initiatives;
            (2) provides that exercises described in paragraph (1) will 
        be--
                    (A) evaluated by the Secretary against clear and 
                consistent performance measures;
                    (B) assessed by the Secretary to learn best 
                practices, which shall be shared with appropriate 
                Federal, State, local, and tribal officials, 
                governmental and nongovernmental emergency response 
                providers, law enforcement personnel, including railroad 
                and transit police, and appropriate stakeholders; and
                    (C) followed by remedial action by covered entities 
                in response to lessons learned;
            (3) involves individuals in neighborhoods around the 
        infrastructure of a public transportation system; and
            (4) assists State, local, and tribal governments and public 
        transportation agencies in designing, implementing, and 
        evaluating exercises that conform to the requirements of 
        paragraph (2).

    (d) National Exercise Program.--The Secretary shall ensure that the 
exercise program developed under subsection (a) is a component of the 
National Exercise Program established under section 648 of the Post 
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C. 
748).
    (e) Ferry System Exemption.--This section does not apply to any 
ferry system for which drills are required to be conducted pursuant to 
section 70103 of title 46, United States Code.
SEC. 1408. <<NOTE: 6 USC 1137.>> PUBLIC TRANSPORTATION SECURITY 
                          TRAINING PROGRAM.

    (a) In General.--Not <<NOTE: Deadlines. Regulations.>> later than 90 
days after the date of enactment of this Act, the Secretary shall 
develop and issue detailed interim final regulations, and not later than 
1 year after the date of enactment of this Act, the Secretary shall 
develop and issue detailed final regulations, for a public 
transportation security training program to prepare public 
transportation employees, including frontline employees, for potential 
security threats and conditions.

    (b) Consultation.--The Secretary shall develop the interim final and 
final regulations under subsection (a) in consultation with--
            (1) appropriate law enforcement, fire service, security, and 
        terrorism experts;
            (2) representatives of public transportation agencies; and

[[Page 121 STAT. 410]]

            (3) nonprofit employee labor organizations representing 
        public transportation employees or emergency response personnel.

    (c) Program Elements.--The interim final and final regulations 
developed under subsection (a) shall require security training programs 
to include, at a minimum, elements to address the following:
            (1) Determination of the seriousness of any occurrence or 
        threat.
            (2) Crew and passenger communication and coordination.
            (3) Appropriate responses to defend oneself, including using 
        nonlethal defense devices.
            (4) Use of personal protective devices and other protective 
        equipment.
            (5) Evacuation procedures for passengers and employees, 
        including individuals with disabilities and the elderly.
            (6) Training related to behavioral and psychological 
        understanding of, and responses to, terrorist incidents, 
        including the ability to cope with hijacker behavior, and 
        passenger responses.
            (7) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
            (8) Recognition and reporting of dangerous substances and 
        suspicious packages, persons, and situations.
            (9) Understanding security incident procedures, including 
        procedures for communicating with governmental and 
        nongovernmental emergency response providers and for on scene 
        interaction with such emergency response providers.
            (10) Operation and maintenance of security equipment and 
        systems.
            (11) Other security training activities that the Secretary 
        deems appropriate.

    (d) Required <<NOTE: Deadlines.>> Programs.--
            (1) Development and submission to secretary.--Not later than 
        90 days after a public transportation agency meets the 
        requirements under subsection (e), each such public 
        transportation agency shall develop a security training program 
        in accordance with the regulations developed under subsection 
        (a) and submit the program to the Secretary for approval.
            (2) Approval.--Not later than 60 days after receiving a 
        security training program proposal under this subsection, the 
        Secretary shall approve the program or require the public 
        transportation agency that developed the program to make any 
        revisions to the program that the Secretary determines necessary 
        for the program to meet the requirements of the regulations. A 
        public transportation agency shall respond to the Secretary's 
        comments within 30 days after receiving them.
            (3) Training.--Not later than 1 year after the Secretary 
        approves a security training program proposal in accordance with 
        this subsection, the public transportation agency that developed 
        the program shall complete the training of all employees covered 
        under the program.
            (4) Updates of regulations and program revisions.--The 
        Secretary shall periodically review and update, as appropriate, 
        the training regulations issued under subsection (a) to reflect 
        new or changing security threats. Each public

[[Page 121 STAT. 411]]

        transportation agency shall revise its training program 
        accordingly and provide additional training as necessary to its 
        workers within a reasonable time after the regulations are 
        updated.

    (e) Applicability.--A public transportation agency that receives a 
grant award under this title shall be required to develop and implement 
a security training program pursuant to this section.
    (f) Long-Term Training Requirement.--Any public transportation 
agency required to develop a security training program pursuant to this 
section shall provide routine and ongoing training for employees covered 
under the program, regardless of whether the public transportation 
agency receives subsequent grant awards.
    (g) National Training Program.--The Secretary shall ensure that the 
training program developed under subsection (a) is a component of the 
National Training Program established under section 648 of the Post 
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C. 
748).
    (h) Ferry Exemption.--This section shall not apply to any ferry 
system for which training is required to be conducted pursuant to 
section 70103 of title 46, United States Code.
    (i) Report.--Not later than 2 years after the date of issuance of 
the final regulation, the Comptroller General shall review 
implementation of the training program, including interviewing a 
representative sample of public transportation agencies and employees, 
and report to the appropriate congressional committees, on the number of 
reviews conducted and the results. The Comptroller General may submit 
the report in both classified and redacted formats as necessary.
SEC. 1409. <<NOTE: 6 USC 1138.>> PUBLIC TRANSPORTATION RESEARCH 
                          AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary shall carry out a research and development program through the 
Homeland Security Advanced Research Projects Agency in the Science and 
Technology Directorate and in consultation with the Transportation 
Security Administration and with the Federal Transit Administration, for 
the purpose of improving the security of public transportation systems.
    (b) Grants and Contracts Authorized.--The Secretary shall award 
grants or contracts to public or private entities to conduct research 
and demonstrate technologies and methods to reduce and deter terrorist 
threats or mitigate damages resulting from terrorist attacks against 
public transportation systems.
    (c) Use of Funds.--Grants or contracts awarded under subsection 
(a)--
            (1) shall be coordinated with activities of the Homeland 
        Security Advanced Research Projects Agency; and
            (2) may be used to--
                    (A) research chemical, biological, radiological, or 
                explosive detection systems that do not significantly 
                impede passenger access;
                    (B) research imaging technologies;
                    (C) conduct product evaluations and testing;
                    (D) improve security and redundancy for critical 
                communications, electrical power, and computer and train 
                control systems;
                    (E) develop technologies for securing tunnels, 
                transit bridges and aerial structures;

[[Page 121 STAT. 412]]

                    (F) research technologies that mitigate damages in 
                the event of a cyber attack; and
                    (G) research other technologies or methods for 
                reducing or deterring terrorist attacks against public 
                transportation systems, or mitigating damage from such 
                attacks.

    (d) Privacy and Civil Rights and Civil Liberties Issues.--
            (1) Consultation.--In carrying out research and development 
        projects under this section, the Secretary shall consult with 
        the Chief Privacy Officer of the Department and the Officer for 
        Civil Rights and Civil Liberties of the Department, as 
        appropriate, and in accordance with section 222 of the Homeland 
        Security Act of 2002 (6 U.S.C. 142).
            (2) Privacy impact assessments.--In accordance with sections 
        222 and 705 of the Homeland Security Act of 2002 (6 U.S.C. 142; 
        345), the Chief Privacy Officer shall conduct privacy impact 
        assessments and the Officer for Civil Rights and Civil Liberties 
        shall conduct reviews, as appropriate, for research and 
        development initiatives developed under this section.

    (e) Reporting Requirement.--Each entity that is awarded a grant or 
contract under this section shall report annually to the Department on 
the use of grant or contract funds received under this section to ensure 
that the awards made are expended in accordance with the purposes of 
this title and the priorities developed by the Secretary.
    (f) Coordination.--The Secretary shall ensure that the research is 
consistent with the priorities established in the National Strategy for 
Public Transportation Security and is coordinated, to the extent 
practicable, with other Federal, State, local, tribal, and private 
sector public transportation, railroad, commuter railroad, and over-the-
road bus research initiatives to leverage resources and avoid 
unnecessary duplicative efforts.
    (g) Return of Misspent Grant or Contract Funds.--If the Secretary 
determines that a grantee or contractor used any portion of the grant or 
contract funds received under this section for a purpose other than the 
allowable uses specified under subsection (c), the grantee or contractor 
shall return any amount so used to the Treasury of the United States.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to make grants under this section--
            (1) such sums as necessary for fiscal year 2007;
            (2) $25,000,000 for fiscal year 2008;
            (3) $25,000,000 for fiscal year 2009;
            (4) $25,000,000 for fiscal year 2010; and
            (5) $25,000,000 for fiscal year 2011.
SEC. 1410. <<NOTE: 6 USC 1139.>> INFORMATION SHARING.

    (a) Intelligence Sharing.--The Secretary shall ensure that the 
Department of Transportation receives appropriate and timely 
notification of all credible terrorist threats against public 
transportation assets in the United States.
    (b) Information Sharing Analysis Center.--
            (1) Authorization.--The Secretary shall provide for the 
        reasonable costs of the Information Sharing and Analysis Center 
        for Public Transportation (referred to in this subsection as the 
        ``ISAC'').
            (2) Participation.--The Secretary--

[[Page 121 STAT. 413]]

                    (A) shall require public transportation agencies 
                that the Secretary determines to be at high risk of 
                terrorist attack to participate in the ISAC;
                    (B) shall encourage all other public transportation 
                agencies to participate in the ISAC;
                    (C) shall encourage the participation of nonprofit 
                employee labor organizations representing public 
                transportation employees, as appropriate; and
                    (D) shall not charge a fee for participating in the 
                ISAC.

    (c) Report.--The Comptroller General shall report, not less than 3 
years after the date of enactment of this Act, to the appropriate 
congressional committees, as to the value and efficacy of the ISAC along 
with any other public transportation information-sharing programs 
ongoing at the Department. The report shall include an analysis of the 
user satisfaction of public transportation agencies on the state of 
information-sharing and the value that each system provides the user, 
the costs and benefits of all centers and programs, the coordination 
among centers and programs, how each center or program contributes to 
implementing the information sharing plan under section 1203, and 
analysis of the extent to which the ISAC is duplicative with the 
Department's information-sharing program.
    (d) Authorization.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out this section--
                    (A) $600,000 for fiscal year 2008;
                    (B) $600,000 for fiscal year 2009;
                    (C) $600,000 for fiscal year 2010; and
                    (D) such sums as may be necessary for 2011, provided 
                the report required in subsection (c) of this section 
                has been submitted to Congress.
            (2) Availability of funds.--Such sums shall remain available 
        until expended.
SEC. 1411. <<NOTE: Deadline. 6 USC 1140.>> THREAT ASSESSMENTS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall complete a name-based security background check against 
the consolidated terrorist watchlist and an immigration status check for 
all public transportation frontline employees, similar to the threat 
assessment screening program required for facility employees and 
longshoremen by the Commandant of the Coast Guard under Coast Guard 
Notice USCG-2006-24189 (71 Fed. Reg. 25066 (April 8, 2006)).
SEC. 1412. <<NOTE: 6 USC 1141.>> REPORTING REQUIREMENTS.

    (a) Annual Report to Congress.--
            (1) In general.--Not later than March 31 of each year, the 
        Secretary shall submit a report, containing the information 
        described in paragraph (2), to the appropriate congressional 
        committees.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) a description of the implementation of the 
                provisions of this title;
                    (B) the amount of funds appropriated to carry out 
                the provisions of this title that have not been expended 
                or obligated;

[[Page 121 STAT. 414]]

                    (C) the National Strategy for Public Transportation 
                Security required under section 1404;
                    (D) an estimate of the cost to implement the 
                National Strategy for Public Transportation Security 
                which shall break out the aggregated total cost of 
                needed capital and operational security improvements for 
                fiscal years 2008-2018; and
                    (E) the state of public transportation security in 
                the United States, which shall include detailing the 
                status of security assessments, the progress being made 
                around the country in developing prioritized lists of 
                security improvements necessary to make public 
                transportation facilities and passengers more secure, 
                the progress being made by agencies in developing 
                security plans and how those plans differ from the 
                security assessments and a prioritized list of security 
                improvements being compiled by other agencies, as well 
                as a random sample of an equal number of large- and 
                small-scale projects currently underway.
            (3) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines that 
        such action is appropriate or necessary.

    (b) Annual Report to Governors.--
            (1) In general.--Not later than March 31 of each year, the 
        Secretary shall submit a report to the Governor of each State 
        with a public transportation agency that has received a grant 
        under this Act.
            (2) Contents.--The report submitted under paragraph (1) 
        shall specify--
                    (A) the amount of grant funds distributed to each 
                such public transportation agency; and
                    (B) the use of such grant funds.
SEC. 1413. <<NOTE: 6 USC 1142.>> PUBLIC TRANSPORTATION EMPLOYEE 
                          PROTECTIONS.

    (a) In General.--A public transportation agency, a contractor or a 
subcontractor of such agency, or an officer or employee of such agency, 
shall not discharge, demote, suspend, reprimand, or in any other way 
discriminate against an employee if such discrimination is due, in whole 
or in part, to the employee's lawful, good faith act done, or perceived 
by the employer to have been done or about to be done--
            (1) to provide information, directly cause information to be 
        provided, or otherwise directly assist in any investigation 
        regarding any conduct which the employee reasonably believes 
        constitutes a violation of any Federal law, rule, or regulation 
        relating to public transportation safety or security, or fraud, 
        waste, or abuse of Federal grants or other public funds intended 
        to be used for public transportation safety or security, if the 
        information or assistance is provided to or an investigation 
        stemming from the provided information is conducted by--
                    (A) a Federal, State, or local regulatory or law 
                enforcement agency (including an office of the Inspector 
                General under the Inspector General Act of 1978 (5 
                U.S.C. App.; Public Law 95-452);
                    (B) any Member of Congress, any Committee of 
                Congress, or the Government Accountability Office; or

[[Page 121 STAT. 415]]

                    (C) a person with supervisory authority over the 
                employee or such other person who has the authority to 
                investigate, discover, or terminate the misconduct;
            (2) to refuse to violate or assist in the violation of any 
        Federal law, rule, or regulation relating to public 
        transportation safety or security;
            (3) to file a complaint or directly cause to be brought a 
        proceeding related to the enforcement of this section or to 
        testify in that proceeding;
            (4) to cooperate with a safety or security investigation by 
        the Secretary of Transportation, the Secretary of Homeland 
        Security, or the National Transportation Safety Board; or
            (5) to furnish information to the Secretary of 
        Transportation, the Secretary of Homeland Security, the National 
        Transportation Safety Board, or any Federal, State, or local 
        regulatory or law enforcement agency as to the facts relating to 
        any accident or incident resulting in injury or death to an 
        individual or damage to property occurring in connection with 
        public transportation.

    (b) Hazardous Safety or Security Conditions.--(1) A public 
transportation agency, or a contractor or a subcontractor of such 
agency, or an officer or employee of such agency, shall not discharge, 
demote, suspend, reprimand, or in any other way discriminate against an 
employee for--
            (A) reporting a hazardous safety or security condition;
            (B) refusing to work when confronted by a hazardous safety 
        or security condition related to the performance of the 
        employee's duties, if the conditions described in paragraph (2) 
        exist; or
            (C) refusing to authorize the use of any safety- or 
        security-related equipment, track, or structures, if the 
        employee is responsible for the inspection or repair of the 
        equipment, track, or structures, when the employee believes that 
        the equipment, track, or structures are in a hazardous safety or 
        security condition, if the conditions described in paragraph (2) 
        of this subsection exist.

    (2) A refusal is protected under paragraph (1)(B) and (C) if--
            (A) the refusal is made in good faith and no reasonable 
        alternative to the refusal is available to the employee;
            (B) a reasonable individual in the circumstances then 
        confronting the employee would conclude that--
                    (i) the hazardous condition presents an imminent 
                danger of death or serious injury; and
                    (ii) the urgency of the situation does not allow 
                sufficient time to eliminate the danger without such 
                refusal; and
            (C) the employee, where possible, has notified the public 
        transportation agency of the existence of the hazardous 
        condition and the intention not to perform further work, or not 
        to authorize the use of the hazardous equipment, track, or 
        structures, unless the condition is corrected immediately or the 
        equipment, track, or structures are repaired properly or 
        replaced.

    (3) <<NOTE: Applicability.>> In this subsection, only subsection 
(b)(1)(A) shall apply to security personnel, including transit police, 
employed or utilized by a public transportation agency to protect 
riders, equipment, assets, or facilities.

    (c) Enforcement Action.--

[[Page 121 STAT. 416]]

            (1) Filing and notification.--A <<NOTE: Deadline.>> person 
        who believes that he or she has been discharged or otherwise 
        discriminated against by any person in violation of subsection 
        (a) or (b) may, not later than 180 days after the date on which 
        such violation occurs, file (or have any person file on his or 
        her behalf) a complaint with the Secretary of Labor alleging 
        such discharge or discrimination. Upon receipt of a complaint 
        filed under this paragraph, the Secretary of Labor shall notify, 
        in writing, the person named in the complaint and the person's 
        employer of the filing of the complaint, of the allegations 
        contained in the complaint, of the substance of evidence 
        supporting the complaint, and of the opportunities that will be 
        afforded to such person under paragraph (2).
            (2) Investigation; <<NOTE: Deadlines.>> preliminary order.--
                    (A) In general.--Not <<NOTE: Notification.>> later 
                than 60 days after the date of receipt of a complaint 
                filed under paragraph (1) and after affording the person 
                named in the complaint an opportunity to submit to the 
                Secretary of Labor a written response to the complaint 
                and an opportunity to meet with a representative of the 
                Secretary of Labor to present statements from witnesses, 
                the Secretary of Labor shall conduct an investigation 
                and determine whether there is reasonable cause to 
                believe that the complaint has merit and notify, in 
                writing, the complainant and the person alleged to have 
                committed a violation of subsection (a) or (b) of the 
                Secretary of Labor's findings. If the Secretary of Labor 
                concludes that there is a reasonable cause to believe 
                that a violation of subsection (a) or (b) has occurred, 
                the Secretary of Labor shall accompany the Secretary of 
                Labor's findings with a preliminary order providing the 
                relief prescribed by paragraph (3)(B). Not later than 30 
                days after the date of notification of findings under 
                this paragraph, either the person alleged to have 
                committed the violation or the complainant may file 
                objections to the findings or preliminary order, or 
                both, and request a hearing on the record. The filing of 
                such objections shall not operate to stay any 
                reinstatement remedy contained in the preliminary order. 
                Such hearings shall be conducted expeditiously. If a 
                hearing is not requested in such 30-day period, the 
                preliminary order shall be deemed a final order that is 
                not subject to judicial review.
                    (B) Requirements.--
                          (i) Required showing by complainant.--The 
                      Secretary of Labor shall dismiss a complaint filed 
                      under this subsection and shall not conduct an 
                      investigation otherwise required under 
                      subparagraph (A) unless the complainant makes a 
                      prima facie showing that any behavior described in 
                      subsection (a) or (b) was a contributing factor in 
                      the unfavorable personnel action alleged in the 
                      complaint.
                          (ii) Showing by employer.--Notwithstanding a 
                      finding by the Secretary of Labor that the 
                      complainant has made the showing required under 
                      clause (i), no investigation otherwise required 
                      under paragraph (A) shall be conducted if the 
                      employer demonstrates, by clear and convincing 
                      evidence, that the employer would

[[Page 121 STAT. 417]]

                      have taken the same unfavorable personnel action 
                      in the absence of that behavior.
                          (iii) Criteria for determination by secretary 
                      of labor.--The Secretary of Labor may determine 
                      that a violation of subsection (a) or (b) has 
                      occurred only if the complainant demonstrates that 
                      any behavior described in subsection (a) or (b) 
                      was a contributing factor in the unfavorable 
                      personnel action alleged in the complaint.
                          (iv) Prohibition.--Relief may not be ordered 
                      under paragraph (A) if the employer demonstrates 
                      by clear and convincing evidence that the employer 
                      would have taken the same unfavorable personnel 
                      action in the absence of that behavior.
            (3) Final order.--
                    (A) Deadline for issuance; settlement agreements.--
                Not later than 120 days after the date of conclusion of 
                a hearing under paragraph (2), the Secretary of Labor 
                shall issue a final order providing the relief 
                prescribed by this paragraph or denying the complaint. 
                At any time before issuance of a final order, a 
                proceeding under this subsection may be terminated on 
                the basis of a settlement agreement entered into by the 
                Secretary of Labor, the complainant, and the person 
                alleged to have committed the violation.
                    (B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary of Labor determines 
                that a violation of subsection (a) or (b) has occurred, 
                the Secretary of Labor shall order the person who 
                committed such violation to--
                          (i) take affirmative action to abate the 
                      violation; and
                          (ii) provide the remedies described in 
                      subsection (d).
                    (C) Order.--If an order is issued under subparagraph 
                (B), the Secretary of Labor, at the request of the 
                complainant, shall assess against the person against 
                whom the order is issued a sum equal to the aggregate 
                amount of all costs and expenses (including attorney and 
                expert witness fees) reasonably incurred, as determined 
                by the Secretary of Labor, by the complainant for, or in 
                connection with, bringing the complaint upon which the 
                order was issued.
                    (D) Frivolous complaints.--If the Secretary of Labor 
                finds that a complaint under paragraph (1) is frivolous 
                or has been brought in bad faith, the Secretary of Labor 
                may award to the prevailing employer reasonable attorney 
                fees not exceeding $1,000.
            (4) Review.--
                    (A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order issued under 
                paragraph (3) may obtain review of the order in the 
                United States Court of Appeals for the circuit in which 
                the violation, with respect to which the order was 
                issued, allegedly occurred or the circuit in which the 
                complainant resided on the date of such violation. 
                The <<NOTE: Deadline.>> petition for review must be 
                filed not later than 60 days after the date of the 
                issuance 


[[Page 121 STAT. 418]]

                of the final order of the Secretary of Labor. Review 
                shall conform to chapter 7 of title 5, United States 
                Code. The commencement of proceedings under this 
                subparagraph shall not, unless ordered by the court, 
                operate as a stay of the order.
                    (B) Limitation on collateral attack.--An order of 
                the Secretary of Labor with respect to which review 
                could have been obtained under subparagraph (A) shall 
                not be subject to judicial review in any criminal or 
                other civil proceeding.
            (5) Enforcement of order by secretary of labor.--Whenever 
        any person has failed to comply with an order issued under 
        paragraph (3), the Secretary of Labor may file a civil action in 
        the United States district court for the district in which the 
        violation was found to occur to enforce such order. In actions 
        brought under this paragraph, the district courts shall have 
        jurisdiction to grant all appropriate relief including, but not 
        limited to, injunctive relief and compensatory damages.
            (6) Enforcement of order by parties.--
                    (A) Commencement of action.--A person on whose 
                behalf an order was issued under paragraph (3) may 
                commence a civil action against the person to whom such 
                order was issued to require compliance with such order. 
                The appropriate United States district court shall have 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce such order.
                    (B) Attorney fees.--The court, in issuing any final 
                order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court determines 
                such award is appropriate.
            (7) De novo review.--With respect to a complaint under 
        paragraph (1), if the Secretary of Labor has not issued a final 
        decision within 210 days after the filing of the complaint and 
        if the delay is not due to the bad faith of the employee, the 
        employee may bring an original action at law or equity for de 
        novo review in the appropriate district court of the United 
        States, which shall have jurisdiction over such an action 
        without regard to the amount in controversy, and which action 
        shall, at the request of either party to such action, be tried 
        by the court with a jury. The action shall be governed by the 
        same legal burdens of proof specified in paragraph (2)(B) for 
        review by the Secretary of Labor.

    (d) Remedies.--
            (1) In general.--An employee prevailing in any action under 
        subsection (c) shall be entitled to all relief necessary to make 
        the employee whole.
            (2) Damages.--Relief in an action under subsection (c) 
        (including an action described in (c)(7)) shall include--
                    (A) reinstatement with the same seniority status 
                that the employee would have had, but for the 
                discrimination;
                    (B) any backpay, with interest; and
                    (C) compensatory damages, including compensation for 
                any special damages sustained as a result of the 
                discrimination, including litigation costs, expert 
                witness fees, and reasonable attorney fees.

[[Page 121 STAT. 419]]

            (3) Possible relief.--Relief in any action under subsection 
        (c) may include punitive damages in an amount not to exceed 
        $250,000.

    (e) Election of Remedies.--An employee may not seek protection under 
both this section and another provision of law for the same allegedly 
unlawful act of the public transportation agency.
    (f) No Preemption.--Nothing in this section preempts or diminishes 
any other safeguards against discrimination, demotion, discharge, 
suspension, threats, harassment, reprimand, retaliation, or any other 
manner of discrimination provided by Federal or State law.
    (g) Rights Retained by Employee.--Nothing in this section shall be 
construed to diminish the rights, privileges, or remedies of any 
employee under any Federal or State law or under any collective 
bargaining agreement. The rights and remedies in this section may not be 
waived by any agreement, policy, form, or condition of employment.
    (h) Disclosure of Identity.--
            (1) Except as provided in paragraph (2) of this subsection, 
        or with the written consent of the employee, the Secretary of 
        Transportation or the Secretary of Homeland Security may not 
        disclose the name of an employee who has provided information 
        described in subsection (a)(1).
            (2) The Secretary of Transportation or the Secretary of 
        Homeland Security shall disclose to the Attorney General the 
        name of an employee described in paragraph (1) of this 
        subsection if the matter is referred to the Attorney General for 
        enforcement. <<NOTE: Notification.>> The Secretary making such 
        disclosure shall provide reasonable advance notice to the 
        affected employee if disclosure of that person's identity or 
        identifying information is to occur.

    (i) Process for Reporting Security Problems to the Department of 
Homeland Security.--
            (1) Establishment of process.--
        The <<NOTE: Regulations. Notice. Public information.>> Secretary 
        shall establish through regulations after an opportunity for 
        notice and comment, and provide information to the public 
        regarding, a process by which any person may submit a report to 
        the Secretary regarding public transportation security problems, 
        deficiencies, or vulnerabilities.
            (2) Acknowledgment of receipt.--If a report submitted under 
        paragraph (1) identifies the person making the report, the 
        Secretary shall respond promptly to such person and acknowledge 
        receipt of the report.
            (3) Steps to address problem.--The Secretary shall review 
        and consider the information provided in any report submitted 
        under paragraph (1) and shall take appropriate steps to address 
        any problems or deficiencies identified.
SEC. 1414. <<NOTE: 6 USC 1143.>> SECURITY BACKGROUND CHECKS OF 
                          COVERED INDIVIDUALS FOR PUBLIC 
                          TRANSPORTATION.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Security background check.--The term ``security 
        background check'' means reviewing the following for the purpose 
        of identifying individuals who may pose a threat to 
        transportation security, national security, or of terrorism:
                    (A) Relevant criminal history databases.

[[Page 121 STAT. 420]]

                    (B) In the case of an alien (as defined in section 
                101 of the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(3))), the relevant databases to determine the 
                status of the alien under the immigration laws of the 
                United States.
                    (C) Other relevant information or databases, as 
                determined by the Secretary.
            (2) Covered individual.--The term ``covered individual'' 
        means an employee of a public transportation agency or a 
        contractor or subcontractor of a public transportation agency.

    (b) Guidance.--
            (1) Any guidance, recommendations, suggested action items, 
        or any other widely disseminated voluntary action item issued by 
        the Secretary to a public transportation agency or a contractor 
        or subcontractor of a public transportation agency relating to 
        performing a security background check of a covered individual 
        shall contain recommendations on the appropriate scope and 
        application of such a security background check, including the 
        time period covered, the types of disqualifying offenses, and a 
        redress process for adversely impacted covered individuals 
        consistent with subsections (c) and (d) of this section.
            (2) <<NOTE: Deadline.>> Not later than 60 days after the 
        date of enactment of this Act, any guidance, recommendations, 
        suggested action items, or any other widely disseminated 
        voluntary action item issued by the Secretary prior to the date 
        of enactment of this Act to a public transportation agency or a 
        contractor or subcontractor of a public transportation agency 
        relating to performing a security background check of a covered 
        individual shall be updated in compliance with paragraph (b)(1).
            (3) If a public transportation agency or a contractor or 
        subcontractor of a public transportation agency performs a 
        security background check on a covered individual to fulfill 
        guidance issued by the Secretary under paragraph (1) or (2), the 
        Secretary shall not consider such guidance fulfilled unless an 
        adequate redress process as described in subsection (d) is 
        provided to covered individuals.

    (c) Requirements.--If the Secretary issues a rule, regulation or 
directive requiring a public transportation agency or contractor or 
subcontractor of a public transportation agency to perform a security 
background check of a covered individual, then the Secretary shall 
prohibit a public transportation agency or contractor or subcontractor 
of a public transportation agency from making an adverse employment 
decision, including removal or suspension of the employee, due to such 
rule, regulation, or directive with respect to a covered individual 
unless the public transportation agency or contractor or subcontractor 
of a public transportation agency determines that the covered 
individual--
            (1) has been convicted of, has been found not guilty of by 
        reason of insanity, or is under want, warrant, or indictment for 
        a permanent disqualifying criminal offense listed in part 1572 
        of title 49, Code of Federal Regulations;
            (2) was convicted of or found not guilty by reason of 
        insanity of an interim disqualifying criminal offense listed in 
        part 1572 of title 49, Code of Federal Regulations, within 7 
        years of the date that the public transportation agency or 
        contractor

[[Page 121 STAT. 421]]

        or subcontractor of the public transportation agency performs 
        the security background check; or
            (3) was incarcerated for an interim disqualifying criminal 
        offense listed in part 1572 of title 49, Code of Federal 
        Regulations, and released from incarceration within 5 years of 
        the date that the public transportation agency or contractor or 
        subcontractor of a public transportation agency performs the 
        security background check.

    (d) Redress Process.--If the Secretary issues a rule, regulation, or 
directive requiring a public transportation agency or contractor or 
subcontractor of a public transportation agency to perform a security 
background check of a covered individual, the Secretary shall--
            (1) provide an adequate redress process for a covered 
        individual subjected to an adverse employment decision, 
        including removal or suspension of the employee, due to such 
        rule, regulation, or directive that is consistent with the 
        appeals and waiver process established for applicants for 
        commercial motor vehicle hazardous materials endorsements and 
        transportation workers at ports, as required by section 70105(c) 
        of title 49, United States Code; and
            (2) have the authority to order an appropriate remedy, 
        including reinstatement of the covered individual, should the 
        Secretary determine that a public transportation agency or 
        contractor or subcontractor of a public transportation agency 
        wrongfully made an adverse employment decision regarding a 
        covered individual pursuant to such rule, regulation, or 
        directive.

    (e) False Statements.--A public transportation agency or a 
contractor or subcontractor of a public transportation agency may not 
knowingly misrepresent to an employee or other relevant person, 
including an arbiter involved in a labor arbitration, the scope, 
application, or meaning of any rules, regulations, directives, or 
guidance issued by the Secretary related to security background check 
requirements for covered individuals when conducting a security 
background check. <<NOTE: Deadline. Regulations.>> Not later than 1 year 
after the date of enactment of this Act, the Secretary shall issue a 
regulation that prohibits a public transportation agency or a contractor 
or subcontractor of a public transportation agency from knowingly 
misrepresenting to an employee or other relevant person, including an 
arbiter involved in a labor arbitration, the scope, application, or 
meaning of any rules, regulations, directives, or guidance issued by the 
Secretary related to security background check requirements for covered 
individuals when conducting a security background check.

    (f) Rights and Responsibilities.--Nothing in this section shall be 
construed to abridge a public transportation agency's or a contractor or 
subcontractor of a public transportation agency's rights or 
responsibilities to make adverse employment decisions permitted by other 
Federal, State, or local laws. Nothing in the section shall be construed 
to abridge rights and responsibilities of covered individuals, a public 
transportation agency, or a contractor or subcontractor of a public 
transportation agency under any other Federal, State, or local laws or 
collective bargaining agreement.
    (g) No Preemption of Federal or State Law.--Nothing in this section 
shall be construed to preempt a Federal, State, or local law that 
requires criminal history background checks,

[[Page 121 STAT. 422]]

immigration status checks, or other background checks of covered 
individuals.
    (h) Statutory Construction.--Nothing in this section shall be 
construed to affect the process for review established under section 
70105(c) of title 46, United States Code, including regulations issued 
pursuant to such section.
SEC. 1415. <<NOTE: 6 USC 1144.>> LIMITATION ON FINES AND CIVIL 
                          PENALTIES.

    (a) Inspectors.--Surface transportation inspectors shall be 
prohibited from issuing fines to public transportation agencies for 
violations of the Department's regulations or orders except through the 
process described in subsection (b).
    (b) Civil Penalties.--The Secretary shall be prohibited from 
assessing civil penalties against public transportation agencies for 
violations of the Department's regulations or orders, except in 
accordance with the following:
            (1) <<NOTE: Notice.>> In the case of a public transportation 
        agency that is found to be in violation of a regulation or order 
        issued by the Secretary, the Secretary shall seek correction of 
        the violation through a written notice to the public 
        transportation agency and shall give the public transportation 
        agency reasonable opportunity to correct the violation or 
        propose an alternative means of compliance acceptable to the 
        Secretary.
            (2) If the public transportation agency does not correct the 
        violation or propose an alternative means of compliance 
        acceptable to the Secretary within a reasonable time period that 
        is specified in the written notice, the Secretary may take any 
        action authorized in section 114 of title 49, United States 
        Code, as amended by this Act.

    (c) Limitation on Secretary.--The Secretary shall not initiate civil 
enforcement actions for violations of administrative and procedural 
requirements pertaining to the application for and expenditure of funds 
awarded under transportation security grant programs under this title.

                TITLE XV--SURFACE TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

SEC. 1501. <<NOTE: 6 USC 1151.>> DEFINITIONS.

    In this title, the following definitions apply:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Commerce, Science, and Transportation and the Committee on 
        Homeland Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.

[[Page 121 STAT. 423]]

            (4) Over-the-road bus.--The term ``over-the-road bus'' means 
        a bus characterized by an elevated passenger deck located over a 
        baggage compartment.
            (5) Over-the-road bus frontline employees.--In this section, 
        the term ``over-the-road bus frontline employees'' means over-
        the-road bus drivers, security personnel, dispatchers, 
        maintenance and maintenance support personnel, ticket agents, 
        other terminal employees, and other employees of an over-the-
        road bus operator or terminal owner or operator that the 
        Secretary determines should receive security training under this 
        title.
            (6) Railroad frontline employees.--In this section, the term 
        ``railroad frontline employees'' means security personnel, 
        dispatchers, locomotive engineers, conductors, trainmen, other 
        onboard employees, maintenance and maintenance support 
        personnel, bridge tenders, and any other employees of railroad 
        carriers that the Secretary determines should receive security 
        training under this title.
            (7) Railroad.--The term ``railroad'' has the meaning that 
        term has in section 20102 of title 49, United States Code.
            (8) Railroad carrier.--The term ``railroad carrier'' has the 
        meaning that term has in section 20102 of title 49, United 
        States Code.
            (9) State.--The term ``State'' means any one of the 50 
        States, the District of Columbia, Puerto Rico, the Northern 
        Mariana Islands, the Virgin Islands, Guam, American Samoa, and 
        any other territory or possession of the United States.
            (10) Terrorism.--The term ``terrorism'' has the meaning that 
        term has in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101).
            (11) Transportation.--The term ``transportation'', as used 
        with respect to an over-the-road bus, means the movement of 
        passengers or property by an over-the-road bus--
                    (A) in the jurisdiction of the United States between 
                a place in a State and a place outside the State 
                (including a place outside the United States); or
                    (B) in a State that affects trade, traffic, and 
                transportation described in subparagraph (A).
            (12) United states.--The term ``United States'' means the 50 
        States, the District of Columbia, Puerto Rico, the Northern 
        Mariana Islands, the Virgin Islands, Guam, American Samoa, and 
        any other territory or possession of the United States.
            (13) Security-sensitive material.--The term ``security-
        sensitive material'' means a material, or a group or class of 
        material, in a particular amount and form that the Secretary, in 
        consultation with the Secretary of Transportation, determines, 
        through a rulemaking with opportunity for public comment, poses 
        a significant risk to national security while being transported 
        in commerce due to the potential use of the material in an act 
        of terrorism. In making such a designation, the Secretary shall, 
        at a minimum, consider the following:
                    (A) Class 7 radioactive materials.
                    (B) Division 1.1, 1.2, or 1.3 explosives.
                    (C) Materials poisonous or toxic by inhalation, 
                including Division 2.3 gases and Division 6.1 materials.

[[Page 121 STAT. 424]]

                    (D) A select agent or toxin regulated by the Centers 
                for Disease Control and Prevention under part 73 of 
                title 42, Code of Federal Regulations.
            (14) Disadvantaged business concerns.--The term 
        ``disadvantaged business concerns'' means small businesses that 
        are owned and controlled by socially and economically 
        disadvantaged individuals as defined in section 124, of title 
        13, Code of Federal Regulations.
            (15) Amtrak.--The term ``Amtrak'' means the National 
        Railroad Passenger Corporation.
SEC. 1502. <<NOTE: 6 USC 1152.>> OVERSIGHT AND GRANT PROCEDURES.

    (a) Secretarial Oversight.--The Secretary, in coordination with 
Secretary of Transportation for grants awarded to Amtrak, shall 
establish necessary procedures, including monitoring and audits, to 
ensure that grants made under this title are expended in accordance with 
the purposes of this title and the priorities and other criteria 
developed by the Secretary.
    (b) Additional Audits and Reviews.--The Secretary, and the Secretary 
of Transportation for grants awarded to Amtrak, may award contracts to 
undertake additional audits and reviews of the safety, security, 
procurement, management, and financial compliance of a recipient of 
amounts under this title.
    (c) Procedures for Grant Award.--Not <<NOTE: Deadline.>> later than 
180 days after the date of enactment of this Act, the Secretary shall 
prescribe procedures and schedules for the awarding of grants under this 
title, including application and qualification procedures, and a record 
of decision on applicant eligibility. The procedures shall include the 
execution of a grant agreement between the grant recipient and the 
Secretary and shall be consistent, to the extent practicable, with the 
grant procedures established under section 70107(i) and (j) of title 46, 
United States Code.

    (d) Additional Authority.--
            (1) Issuance.--The Secretary may issue non-binding letters 
        of intent to recipients of a grant under this title, to commit 
        funding from future budget authority of an amount, not more than 
        the Federal Government's share of the project's cost, for a 
        capital improvement project.
            (2) Schedule.--The letter of intent under this subsection 
        shall establish a schedule under which the Secretary will 
        reimburse the recipient for the Government's share of the 
        project's costs, as amounts become available, if the recipient, 
        after the Secretary issues that letter, carries out the project 
        without receiving amounts under a grant issued under this title.
            (3) Notice to secretary.--A recipient that has been issued a 
        letter of intent under this section shall notify the Secretary 
        of the recipient's intent to carry out a project before the 
        project begins.
            (4) Notice to congress.--The Secretary shall transmit to the 
        appropriate congressional committees a written notification at 
        least 5 days before the issuance of a letter of intent under 
        this subsection.
            (5) Limitations.--A letter of intent issued under this 
        subsection is not an obligation of the Federal Government under 
        section 1501 of title 31, United States Code, and the letter is 
        not deemed to be an administrative commitment for

[[Page 121 STAT. 425]]

        financing. An obligation or administrative commitment may be 
        made only as amounts are provided in authorization and 
        appropriations laws.

    (e) Return of Misspent Grant Funds.--As part of the grant agreement 
under subsection (c), the Secretary shall require grant applicants to 
return any misspent grant funds received under this title that the 
Secretary considers to have been spent for a purpose other than those 
specified in the grant award. The Secretary shall take all necessary 
actions to recover such funds.
    (f) Congressional Notification.--Not <<NOTE: Deadline.>> later than 
5 days before the award of any grant is made under this title, the 
Secretary shall notify the appropriate congressional committees of the 
intent to award such grant.

    (g) Guidelines.--The Secretary shall ensure, to the extent 
practicable, that grant recipients under this title who use contractors 
or subcontractors use small, minority, women-owned, or disadvantaged 
business concerns as contractors or subcontractors when appropriate.
SEC. 1503. AUTHORIZATION OF APPROPRIATIONS.

    (a) Transportation Security Administration Authorization.--Section 
114 of title 49, United States Code, as amended by section 1302 of this 
Act, is further amended by adding at the end the following:
    ``(w) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for--
            ``(1) railroad security--
                    ``(A) $488,000,000 for fiscal year 2008;
                    ``(B) $483,000,000 for fiscal year 2009;
                    ``(C) $508,000,000 for fiscal year 2010; and
                    ``(D) $508,000,000 for fiscal year 2011;
            ``(2) over-the-road bus and trucking security--
                    ``(A) $14,000,000 for fiscal year 2008;
                    ``(B) $27,000,000 for fiscal year 2009;
                    ``(C) $27,000,000 for fiscal year 2010; and
                    ``(D) $27,000,000 for fiscal year 2011; and
            ``(3) hazardous material and pipeline security--
                    ``(A) $12,000,000 for fiscal year 2008;
                    ``(B) $12,000,000 for fiscal year 2009; and
                    ``(C) $12,000,000 for fiscal year 2010.''.

    (b) Department of Transportation.--There <<NOTE: 6 USC 1153.>> are 
authorized to be appropriated to the Secretary of Transportation to 
carry out section 1515--
            (1) $38,000,000 for fiscal year 2008;
            (2) $40,000,000 for fiscal year 2009;
            (3) $55,000,000 for fiscal year 2010; and
            (4) $70,000,000 for fiscal year 2011.
SEC. 1504. <<NOTE: Deadlines. 6 USC 1154.>> PUBLIC AWARENESS.

    Not later than 180 days after the date of enactment of this Act, the 
Secretary shall develop a national plan for railroad and over-the-road 
bus security public outreach and awareness. Such a plan shall be 
designed to increase awareness of measures that the general public, 
passengers, and employees of railroad carriers and over-the-road bus 
operators can take to increase the security of the national railroad and 
over-the-road bus transportation systems. Such a plan shall also provide 
outreach to railroad carriers

[[Page 121 STAT. 426]]

and over-the-road bus operators and their employees to improve their 
awareness of available technologies, ongoing research and development 
efforts, and available Federal funding sources to improve security. Not 
later than 9 months after the date of enactment of this Act, the 
Secretary shall implement the plan developed under this section.

                      Subtitle B--Railroad Security

SEC. 1511. <<NOTE: 6 USC 1161.>> RAILROAD TRANSPORTATION SECURITY 
                          RISK ASSESSMENT AND NATIONAL STRATEGY.

    (a) Risk Assessment.--
The <<NOTE: Establishment. Deadline.>> Secretary shall establish a 
Federal task force, including the Transportation Security Administration 
and other agencies within the Department, the Department of 
Transportation, and other appropriate Federal agencies, to complete, 
within 6 months of the date of enactment of this Act, a nationwide risk 
assessment of a terrorist attack on railroad carriers. The assessment 
shall include--
            (1) a methodology for conducting the risk assessment, 
        including timelines, that addresses how the Department will work 
        with the entities described in subsection (c) and make use of 
        existing Federal expertise within the Department, the Department 
        of Transportation, and other appropriate agencies;
            (2) identification and evaluation of critical assets and 
        infrastructure, including tunnels used by railroad carriers in 
        high-threat urban areas;
            (3) identification of risks to those assets and 
        infrastructure;
            (4) identification of risks that are specific to the 
        transportation of hazardous materials via railroad;
            (5) identification of risks to passenger and cargo security, 
        transportation infrastructure protection systems, operations, 
        communications systems, and any other area identified by the 
        assessment;
            (6) an assessment of employee training and emergency 
        response planning;
            (7) an assessment of public and private operational recovery 
        plans, taking into account the plans for the maritime sector 
        required under section 70103 of title 46, United States Code, to 
        expedite, to the maximum extent practicable, the return of an 
        adversely affected railroad transportation system or facility to 
        its normal performance level after a major terrorist attack or 
        other security event on that system or facility; and
            (8) an account of actions taken or planned by both public 
        and private entities to address identified railroad security 
        issues and an assessment of the effective integration of such 
        actions.

    (b) National Strategy.--
            (1) Requirement.--Not <<NOTE: Deadline.>> later than 9 
        months after the date of enactment of this Act and based upon 
        the assessment conducted under subsection (a), the Secretary, 
        consistent with and as required by section 114(t) of title 49, 
        United States Code, shall develop and implement the modal plan 
        for railroad transportation, entitled the ``National Strategy 
        for Railroad Transportation Security''.

[[Page 121 STAT. 427]]

            (2) Contents.--The modal plan shall include prioritized 
        goals, actions, objectives, policies, mechanisms, and schedules 
        for, at a minimum--
                    (A) improving the security of railroad tunnels, 
                railroad bridges, railroad switching and car storage 
                areas, other railroad infrastructure and facilities, 
                information systems, and other areas identified by the 
                Secretary as posing significant railroad-related risks 
                to public safety and the movement of interstate 
                commerce, taking into account the impact that any 
                proposed security measure might have on the provision of 
                railroad service or on operations served or otherwise 
                affected by railroad service;
                    (B) deploying equipment and personnel to detect 
                security threats, including those posed by explosives 
                and hazardous chemical, biological, and radioactive 
                substances, and any appropriate countermeasures;
                    (C) consistent with section 1517, training railroad 
                employees in terrorism prevention, preparedness, 
                passenger evacuation, and response activities;
                    (D) conducting public outreach campaigns for 
                railroads regarding security, including educational 
                initiatives designed to inform the public on how to 
                prevent, prepare for, respond to, and recover from a 
                terrorist attack on railroad transportation;
                    (E) providing additional railroad security support 
                for railroads at high or severe threat levels of alert;
                    (F) ensuring, in coordination with freight and 
                intercity and commuter passenger railroads, the 
                continued movement of freight and passengers in the 
                event of an attack affecting the railroad system, 
                including the possibility of rerouting traffic due to 
                the loss of critical infrastructure, such as a bridge, 
                tunnel, yard, or station;
                    (G) coordinating existing and planned railroad 
                security initiatives undertaken by the public and 
                private sectors;
                    (H) assessing--
                          (i) the usefulness of covert testing of 
                      railroad security systems;
                          (ii) the ability to integrate security into 
                      infrastructure design; and
                          (iii) the implementation of random searches of 
                      passengers and baggage; and
                    (I) identifying the immediate and long-term costs of 
                measures that may be required to address those risks and 
                public and private sector sources to fund such measures.
            (3) Responsibilities.--The Secretary shall include in the 
        modal plan a description of the roles, responsibilities, and 
        authorities of Federal, State, and local agencies, government-
        sponsored entities, tribal governments, and appropriate 
        stakeholders described in subsection (c). The plan shall also 
        include--
                    (A) the identification of, and a plan to address, 
                gaps and unnecessary overlaps in the roles, 
                responsibilities, and authorities described in this 
                paragraph;
                    (B) a methodology for how the Department will work 
                with the entities described in subsection (c), and make 
                use of existing Federal expertise within the Department,

[[Page 121 STAT. 428]]

                the Department of Transportation, and other appropriate 
                agencies;
                    (C) a process for facilitating security clearances 
                for the purpose of intelligence and information sharing 
                with the entities described in subsection (c), as 
                appropriate;
                    (D) a strategy and timeline, coordinated with the 
                research and development program established under 
                section 1518, for the Department, the Department of 
                Transportation, other appropriate Federal agencies and 
                private entities to research and develop new 
                technologies for securing railroad systems; and
                    (E) a process for coordinating existing or future 
                security strategies and plans for railroad 
                transportation, including the National Infrastructure 
                Protection Plan required by Homeland Security 
                Presidential Directive-7; Executive Order No. 13416: 
                ``Strengthening Surface Transportation Security'' dated 
                December 5, 2006; the Memorandum of Understanding 
                between the Department and the Department of 
                Transportation on Roles and Responsibilities dated 
                September 28, 2004, and any and all subsequent annexes 
                to this Memorandum of Understanding, and any other 
                relevant agreements between the two Departments.

    (c) Consultation With Stakeholders.--In developing the National 
Strategy required under this section, the Secretary shall consult with 
railroad management, nonprofit employee organizations representing 
railroad employees, owners or lessors of railroad cars used to transport 
hazardous materials, emergency responders, offerors of security-
sensitive materials, public safety officials, and other relevant 
parties.
    (d) Adequacy of Existing Plans and Strategies.--In developing the 
risk assessment and National Strategy required under this section, the 
Secretary shall utilize relevant existing plans, strategies, and risk 
assessments developed by the Department or other Federal agencies, 
including those developed or implemented pursuant to section 114(t) of 
title 49, United States Code, or Homeland Security Presidential 
Directive-7, and, as appropriate, assessments developed by other public 
and private stakeholders.
    (e) Report.--
            (1) Contents.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        appropriate congressional committees a report containing--
                    (A) the assessment and the National Strategy 
                required by this section; and
                    (B) an estimate of the cost to implement the 
                National Strategy.
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines that 
        such action is appropriate or necessary.

    (f) Annual Updates.--Consistent <<NOTE: Reports.>> with the 
requirements of section 114(t) of title 49, United States Code, the 
Secretary shall update the assessment and National Strategy each year 
and transmit a report, which may be submitted in both classified and 
redacted formats, to the appropriate congressional committees containing 
the updated assessment and recommendations.

    (g) Funding.--Out of funds appropriated pursuant to section 114(w) 
of title 49, United States Code, as amended by section

[[Page 121 STAT. 429]]

1503 of this title, there shall be made available to the Secretary to 
carry out this section $5,000,000 for fiscal year 2008.
SEC. 1512. <<NOTE: 6 USC 1162.>> RAILROAD CARRIER ASSESSMENTS AND 
                          PLANS.

    (a) In General.--Not <<NOTE: Deadline. Regulations.>> later than 12 
months after the date of enactment of this Act, the Secretary shall 
issue regulations that--
            (1) require each railroad carrier assigned to a high-risk 
        tier under this section to--
                    (A) conduct a vulnerability assessment in accordance 
                with subsections (c) and (d); and
                    (B) to prepare, submit to the Secretary for 
                approval, and implement a security plan in accordance 
                with this section that addresses security performance 
                requirements; and
            (2) establish standards and guidelines, based on and 
        consistent with the risk assessment and National Strategy for 
        Railroad Transportation Security developed under section 1511, 
        for developing and implementing the vulnerability assessments 
        and security plans for railroad carriers assigned to high-risk 
        tiers.

    (b) Non High-Risk Programs.--The Secretary may establish a security 
program for railroad carriers not assigned to a high-risk tier, 
including--
            (1) guidance for such carriers in conducting vulnerability 
        assessments and preparing and implementing security plans, as 
        determined appropriate by the Secretary; and
            (2) a process to review and approve such assessments and 
        plans, as appropriate.

    (c) Deadline for Submission.--Not later than 9 months after the date 
of issuance of the regulations under subsection (a), the vulnerability 
assessments and security plans required by such regulations for railroad 
carriers assigned to a high-risk tier shall be completed and submitted 
to the Secretary for review and approval.
    (d) Vulnerability Assessments.--
            (1) Requirements.--The Secretary shall provide technical 
        assistance and guidance to railroad carriers in conducting 
        vulnerability assessments under this section and shall require 
        that each vulnerability assessment of a railroad carrier 
        assigned to a high-risk tier under this section, include, as 
        applicable--
                    (A) identification and evaluation of critical 
                railroad carrier assets and infrastructure, including 
                platforms, stations, intermodal terminals, tunnels, 
                bridges, switching and storage areas, and information 
                systems as appropriate;
                    (B) identification of the vulnerabilities to those 
                assets and infrastructure;
                    (C) identification of strengths and weaknesses in--
                          (i) physical security;
                          (ii) passenger and cargo security, including 
                      the security of security-sensitive materials being 
                      transported by railroad or stored on railroad 
                      property;
                          (iii) programmable electronic devices, 
                      computers, or other automated systems which are 
                      used in providing the transportation;
                          (iv) alarms, cameras, and other protection 
                      systems;

[[Page 121 STAT. 430]]

                          (v) communications systems and utilities 
                      needed for railroad security purposes, including 
                      dispatching and notification systems;
                          (vi) emergency response planning;
                          (vii) employee training; and
                          (viii) such other matters as the Secretary 
                      determines appropriate; and
                    (D) identification of redundant and backup systems 
                required to ensure the continued operation of critical 
                elements of a railroad carrier's system in the event of 
                an attack or other incident, including disruption of 
                commercial electric power or communications network.
            (2) Threat information.--The Secretary shall provide in a 
        timely manner to the appropriate employees of a railroad 
        carrier, as designated by the railroad carrier, threat 
        information that is relevant to the carrier when preparing and 
        submitting a vulnerability assessment and security plan, 
        including an assessment of the most likely methods that could be 
        used by terrorists to exploit weaknesses in railroad security.

    (e) Security Plans.--
            (1) Requirements.--The Secretary shall provide technical 
        assistance and guidance to railroad carriers in preparing and 
        implementing security plans under this section, and shall 
        require that each security plan of a railroad carrier assigned 
        to a high-risk tier under this section include, as applicable--
                    (A) identification of a security coordinator having 
                authority--
                          (i) to implement security actions under the 
                      plan;
                          (ii) to coordinate security improvements; and
                          (iii) to receive immediate communications from 
                      appropriate Federal officials regarding railroad 
                      security;
                    (B) a list of needed capital and operational 
                improvements;
                    (C) procedures to be implemented or used by the 
                railroad carrier in response to a terrorist attack, 
                including evacuation and passenger communication plans 
                that include individuals with disabilities as 
                appropriate;
                    (D) identification of steps taken with State and 
                local law enforcement agencies, emergency responders, 
                and Federal officials to coordinate security measures 
                and plans for response to a terrorist attack;
                    (E) a strategy and timeline for conducting training 
                under section 1517;
                    (F) enhanced security measures to be taken by the 
                railroad carrier when the Secretary declares a period of 
                heightened security risk;
                    (G) plans for providing redundant and backup systems 
                required to ensure the continued operation of critical 
                elements of the railroad carrier's system in the event 
                of a terrorist attack or other incident;
                    (H) a strategy for implementing enhanced security 
                for shipments of security-sensitive materials, including 
                plans for quickly locating and securing such shipments 
                in the event of a terrorist attack or security incident; 
                and

[[Page 121 STAT. 431]]

                    (I) such other actions or procedures as the 
                Secretary determines are appropriate to address the 
                security of railroad carriers.
            (2) Security coordinator requirements.--The Secretary shall 
        require that the individual serving as the security coordinator 
        identified in paragraph (1)(A) is a citizen of the United 
        States. The Secretary may waive this requirement with respect to 
        an individual if the Secretary determines that it is appropriate 
        to do so based on a background check of the individual and a 
        review of the consolidated terrorist watchlist.
            (3) Consistency with other plans.--The Secretary shall 
        ensure that the security plans developed by railroad carriers 
        under this section are consistent with the risk assessment and 
        National Strategy for Railroad Transportation Security developed 
        under section 1511.

    (f) Deadline for Review Process.--Not later than 6 months after 
receiving the assessments and plans required under this section, the 
Secretary shall--
            (1) review each vulnerability assessment and security plan 
        submitted to the Secretary in accordance with subsection (c);
            (2) require amendments to any security plan that does not 
        meet the requirements of this section; and
            (3) approve any vulnerability assessment or security plan 
        that meets the requirements of this section.

    (g) Interim Security Measures.--The Secretary may require railroad 
carriers, during the period before the deadline established under 
subsection (c), to submit a security plan under subsection (e) to 
implement any necessary interim security measures essential to providing 
adequate security of the railroad carrier's system. An interim plan 
required under this subsection will be superseded by a plan required 
under subsection (e).
    (h) Tier Assignment.--Utilizing the risk assessment and National 
Strategy for Railroad Transportation Security required under section 
1511, the Secretary shall assign each railroad carrier to a risk-based 
tier established by the Secretary:
            (1) Provision of information.--The Secretary may request, 
        and a railroad carrier shall provide, information necessary for 
        the Secretary to assign a railroad carrier to the appropriate 
        tier under this subsection.
            (2) Notification.--Not <<NOTE: Deadline.>> later than 60 
        days after the date a railroad carrier is assigned to a tier 
        under this subsection, the Secretary shall notify the railroad 
        carrier of the tier to which it is assigned and the reasons for 
        such assignment.
            (3) High-risk tiers.--At least one of the tiers established 
        by the Secretary under this subsection shall be designated a 
        tier for high-risk railroad carriers.
            (4) Reassignment.--The Secretary may reassign a railroad 
        carrier to another tier, as appropriate, in response to changes 
        in risk. <<NOTE: Notification. Deadline.>> The Secretary shall 
        notify the railroad carrier not later than 60 days after such 
        reassignment and provide the railroad carrier with the reasons 
        for such reassignment.

    (i) Nondisclosure of Information.--
            (1) Submission of information to congress.--Nothing in this 
        section shall be construed as authorizing the withholding of any 
        information from Congress.
            (2) Disclosure of independently furnished information.--
        Nothing in this section shall be construed as affecting

[[Page 121 STAT. 432]]

        any authority or obligation of a Federal agency to disclose any 
        record or information that the Federal agency obtains from a 
        railroad carrier under any other Federal law.

    (j) Existing Procedures, Protocols and Standards.--
            (1) Determination.--In response to a petition by a railroad 
        carrier or at the discretion of the Secretary, the Secretary may 
        determine that existing procedures, protocols, and standards 
        meet all or part of the requirements of this section, including 
        regulations issued under subsection (a), regarding vulnerability 
        assessments and security plans.
            (2) Election.--Upon review and written determination by the 
        Secretary that existing procedures, protocols, or standards of a 
        railroad carrier satisfy the requirements of this section, the 
        railroad carrier may elect to comply with those procedures, 
        protocols, or standards instead of the requirements of this 
        section.
            (3) Partial approval.--If the Secretary determines that the 
        existing procedures, protocols, or standards of a railroad 
        carrier satisfy only part of the requirements of this section, 
        the Secretary may accept such submission, but shall require 
        submission by the railroad carrier of any additional information 
        relevant to the vulnerability assessment and security plan of 
        the railroad carrier to ensure that the remaining requirements 
        of this section are fulfilled.
            (4) Notification.--If the Secretary determines that 
        particular existing procedures, protocols, or standards of a 
        railroad carrier under this subsection do not satisfy the 
        requirements of this section, the Secretary shall provide to the 
        railroad carrier a written notification that includes an 
        explanation of the determination.
            (5) Review.--Nothing in this subsection shall relieve the 
        Secretary of the obligation--
                    (A) to review the vulnerability assessment and 
                security plan submitted by a railroad carrier under this 
                section; and
                    (B) to approve or disapprove each submission on an 
                individual basis.

    (k) Periodic Evaluation by Railroad Carriers Required.--
            (1) Submission of evaluation.--
        Not <<NOTE: Deadlines.>> later than 3 years after the date on 
        which a vulnerability assessment or security plan required to be 
        submitted to the Secretary under subsection (c) is approved, and 
        at least once every 5 years thereafter (or on such a schedule as 
        the Secretary may establish by regulation), a railroad carrier 
        who submitted a vulnerability assessment and security plan and 
        who is still assigned to the high-risk tier must also submit to 
        the Secretary an evaluation of the adequacy of the vulnerability 
        assessment and security plan that includes a description of any 
        material changes made to the vulnerability assessment or 
        security plan.
            (2) Review of evaluation.--Not later than 180 days after the 
        date on which an evaluation is submitted, the Secretary shall 
        review the evaluation and notify the railroad carrier submitting 
        the evaluation of the Secretary's approval or disapproval of the 
        evaluation.

    (l) Shared Facilities.--The Secretary may permit under this section 
the development and implementation of coordinated vulnerability 
assessments and security plans to the extent that a railroad

[[Page 121 STAT. 433]]

carrier shares facilities with, or is colocated with, other 
transportation entities or providers that are required to develop 
vulnerability assessments and security plans under Federal law.
    (m) Consultation.--In carrying out this section, the Secretary shall 
consult with railroad carriers, nonprofit employee labor organizations 
representation railroad employees, and public safety and law enforcement 
officials.
SEC. 1513. <<NOTE: 6 USC 1163.>> RAILROAD SECURITY ASSISTANCE.

    (a) Security Improvement Grants.--(1) The Secretary, in consultation 
with the Administrator of the Transportation Security Administration and 
other appropriate agencies or officials, is authorized to make grants to 
railroad carriers, the Alaska Railroad, security-sensitive materials 
offerors who ship by railroad, owners of railroad cars used in the 
transportation of security-sensitive materials, State and local 
governments (for railroad passenger facilities and infrastructure not 
owned by Amtrak), and Amtrak for intercity passenger railroad and 
freight railroad security improvements described in subsection (b) as 
approved by the Secretary.
    (2) A railroad carrier is eligible for a grant under this section if 
the carrier has completed a vulnerability assessment and developed a 
security plan that the Secretary has approved in accordance with section 
1512.
    (3) A recipient of a grant under this section may use grant funds 
only for permissible uses under subsection (b) to further a railroad 
security plan that meets the requirements of paragraph (2).
    (4) Notwithstanding the requirement for eligibility and uses of 
funds in paragraphs (2) and (3), a railroad carrier is eligible for a 
grant under this section if the applicant uses the funds solely for the 
development of assessments or security plans under section 1512.
    (5) Notwithstanding the requirements for eligibility and uses of 
funds in paragraphs (2) and (3), prior to the earlier of 1 year after 
the date of issuance of final regulations requiring vulnerability 
assessments and security plans under section 1512 or 3 years after the 
date of enactment of this Act, the Secretary may award grants under this 
section for rail security improvements listed under subsection (b) based 
upon railroad carrier vulnerability assessments and security plans that 
the Secretary determines are sufficient for the purposes of this section 
but have not been approved by the Secretary in accordance with section 
1512.
    (b) Uses of Funds.--A recipient of a grant under this section shall 
use the grant funds for one or more of the following:
            (1) Security and redundancy for critical communications, 
        computer, and train control systems essential for secure 
        railroad operations.
            (2) Accommodation of railroad cargo or passenger security 
        inspection facilities, related infrastructure, and operations at 
        or near United States international borders or other ports of 
        entry.
            (3) The security of security-sensitive materials 
        transportation by railroad.
            (4) Chemical, biological, radiological, or explosive 
        detection, including canine patrols for such detection.

[[Page 121 STAT. 434]]

            (5) The security of intercity passenger railroad stations, 
        trains, and infrastructure, including security capital 
        improvement projects that the Secretary determines enhance 
        railroad station security.
            (6) Technologies to reduce the vulnerabilities of railroad 
        cars, including structural modification of railroad cars 
        transporting security-sensitive materials to improve their 
        resistance to acts of terrorism.
            (7) The sharing of intelligence and information about 
        security threats.
            (8) To obtain train tracking and communications equipment, 
        including equipment that is interoperable with Federal, State, 
        and local agencies and tribal governments.
            (9) To hire, train, and employ police and security officers, 
        including canine units, assigned to full-time security or 
        counterterrorism duties related to railroad transportation.
            (10) Overtime reimbursement, including reimbursement of 
        State, local, and tribal governments for costs, for enhanced 
        security personnel assigned to duties related to railroad 
        security during periods of high or severe threat levels and 
        National Special Security Events or other periods of heightened 
        security as determined by the Secretary.
            (11) Perimeter protection systems, including access control, 
        installation of improved lighting, fencing, and barricades at 
        railroad facilities.
            (12) Tunnel protection systems.
            (13) Passenger evacuation and evacuation-related capital 
        improvements.
            (14) Railroad security inspection technologies, including 
        verified visual inspection technologies using hand-held readers.
            (15) Surveillance equipment.
            (16) Cargo or passenger screening equipment.
            (17) Emergency response equipment, including fire 
        suppression and decontamination equipment, personal protective 
        equipment, and defibrillators.
            (18) Operating and capital costs associated with security 
        awareness, preparedness, and response training, including 
        training under section 1517, and training developed by 
        universities, institutions of higher education, and nonprofit 
        employee labor organizations, for railroad employees, including 
        frontline employees.
            (19) Live or simulated exercises, including exercises 
        described in section 1516.
            (20) Public awareness campaigns for enhanced railroad 
        security.
            (21) Development of assessments or security plans under 
        section 1512.
            (22) Other security improvements--
                    (A) identified, required, or recommended under 
                sections 1511 and 1512, including infrastructure, 
                facilities, and equipment upgrades; or
                    (B) that the Secretary considers appropriate.

    (c) Department of Homeland Security Responsibilities.--In carrying 
out the responsibilities under subsection (a), the Secretary shall--
            (1) determine the requirements for recipients of grants;
            (2) establish priorities for uses of funds for grant 
        recipients;

[[Page 121 STAT. 435]]

            (3) award the funds authorized by this section based on 
        risk, as identified by the plans required under sections 1511 
        and 1512, or assessment or plan described in subsection (a)(5);
            (4) take into account whether stations or facilities are 
        used by commuter railroad passengers as well as intercity 
        railroad passengers in reviewing grant applications;
            (5) encourage non-Federal financial participation in 
        projects funded by grants; and
            (6) <<NOTE: Deadline.>> not later than 5 business days after 
        awarding a grant to Amtrak under this section, transfer grant 
        funds to the Secretary of Transportation to be disbursed to 
        Amtrak.

    (d) Multiyear Awards.--Grant funds awarded under this section may be 
awarded for projects that span multiple years.
    (e) Limitation on Uses of Funds.--A grant made under this section 
may not be used to make any State or local government cost-sharing 
contribution under any other Federal law.
    (f) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary on the use of grant funds.
    (g) Non-Federal Match Study.--Not <<NOTE: Deadline. Reports.>> later 
than 240 days after the date of enactment of this Act, the Secretary 
shall provide a report to the appropriate congressional committees on 
the feasibility and appropriateness of requiring a non-Federal match for 
grants awarded to freight railroad carriers and other private entities 
under this section.

    (h) Subject to Certain Standards.--A recipient of a grant under this 
section and sections 1514 and 1515 shall be required to comply with the 
standards of section 24312 of title 49, United States Code, as in effect 
on January 1, 2007, with respect to the project in the same manner as 
Amtrak is required to comply with such standards for construction work 
financed under an agreement made under section 24308(a) of that title.
    (i) Authorization of Appropriations.--
            (1) In general.--Out of funds appropriated pursuant to 
        section 114(w) of title 49, United States Code, as amended by 
        section 1503 of this title, there shall be made available to the 
        Secretary to carry out this section--
                    (A) $300,000,000 for fiscal year 2008;
                    (B) $300,000,000 for fiscal year 2009;
                    (C) $300,000,000 for fiscal year 2010; and
                    (D) $300,000,000 for fiscal year 2011.
            (2) Period of availability.--Sums appropriated to carry out 
        this section shall remain available until expended.
SEC. 1514. <<NOTE: 6 USC 1164.>> SYSTEMWIDE AMTRAK SECURITY 
                          UPGRADES.

    (a) In General.--
            (1) Grants.--Subject to subsection (b), the Secretary, in 
        consultation with the Administrator of the Transportation 
        Security Administration, is authorized to make grants to Amtrak 
        in accordance with the provisions of this section.
            (2) General purposes.--The Secretary may make such grants 
        for the purposes of--
                    (A) protecting underwater and underground assets and 
                systems;
                    (B) protecting high-risk and high-consequence assets 
                identified through systemwide risk assessments;
                    (C) providing counterterrorism or security training;

[[Page 121 STAT. 436]]

                    (D) providing both visible and unpredictable 
                deterrence; and
                    (E) conducting emergency preparedness drills and 
                exercises.
            (3) Specific projects.--The Secretary shall make such 
        grants--
                    (A) <<NOTE: State listing. District of 
                Columbia.>> to secure major tunnel access points and 
                ensure tunnel integrity in New York, New Jersey, 
                Maryland, and Washington, DC;
                    (B) to secure Amtrak trains;
                    (C) to secure Amtrak stations;
                    (D) to obtain a watchlist identification system 
                approved by the Secretary;
                    (E) to obtain train tracking and interoperable 
                communications systems that are coordinated with 
                Federal, State, and local agencies and tribal 
                governments to the maximum extent possible;
                    (F) to hire, train, and employ police and security 
                officers, including canine units, assigned to full-time 
                security or counterterrorism duties related to railroad 
                transportation;
                    (G) for operating and capital costs associated with 
                security awareness, preparedness, and response training, 
                including training under section 1517, and training 
                developed by universities, institutions of higher 
                education, and nonprofit employee labor organizations, 
                for railroad employees, including frontline employees; 
                and
                    (H) for live or simulated exercises, including 
                exercises described in section 1516.

    (b) Conditions.--The <<NOTE: Grants.>> Secretary shall award grants 
to Amtrak under this section for projects contained in a systemwide 
security plan approved by the Secretary developed pursuant to section 
1512. Not later <<NOTE: Deadline.>> than 5 business days after awarding 
a grant to Amtrak under this section, the Secretary shall transfer the 
grant funds to the Secretary of Transportation to be disbursed to 
Amtrak.

    (c) Equitable Geographic Allocation.--The Secretary shall ensure 
that, subject to meeting the highest security needs on Amtrak's entire 
system and consistent with the risk assessment required under section 
1511 and Amtrak's vulnerability assessment and security plan developed 
under section 1512, stations and facilities located outside of the 
Northeast Corridor receive an equitable share of the security funds 
authorized by this section.
    (d) Availability of Funds.--
            (1) In general.--Out of funds appropriated pursuant to 
        section 114(w) of title 49, United States Code, as amended by 
        section 1503 of this title, there shall be made available to the 
        Secretary and the Administrator of the Transportation Security 
        Administration to carry out this section--
                    (A) $150,000,000 for fiscal year 2008;
                    (B) $150,000,000 for fiscal year 2009;
                    (C) $175,000,000 for fiscal year 2010; and
                    (D) $175,000,000 for fiscal year 2011.
            (2) Availability of appropriated funds.--Amounts 
        appropriated pursuant to paragraph (1) shall remain available 
        until expended.

[[Page 121 STAT. 437]]

SEC. 1515. <<NOTE: 6 USC 1165.>> FIRE AND LIFE SAFETY 
                          IMPROVEMENTS.

    (a) Life-Safety Needs.--There <<NOTE: Appropriation 
authorization. Grants. State listing. District of Columbia.>> are 
authorized to be appropriated to the Secretary of Transportation for 
making grants to Amtrak for the purpose of carrying out projects to make 
fire and life safety improvements to Amtrak tunnels on the Northeast 
Corridor the following amounts:
            (1) For the 6 New York and New Jersey tunnels to provide 
        ventilation, electrical, and fire safety technology 
        improvements, emergency communication and lighting systems, and 
        emergency access and egress for passengers--
                    (A) $25,000,000 for fiscal year 2008;
                    (B) $30,000,000 for fiscal year 2009;
                    (C) $45,000,000 for fiscal year 2010; and
                    (D) $60,000,000 for fiscal year 2011.
            (2) For the Baltimore Potomac Tunnel and the Union Tunnel, 
        together, to provide adequate drainage and ventilation, 
        communication, lighting, standpipe, and passenger egress 
        improvements--
                    (A) $5,000,000 for fiscal year 2008;
                    (B) $5,000,000 for fiscal year 2009;
                    (C) $5,000,000 for fiscal year 2010; and
                    (D) $5,000,000 for fiscal year 2011.
            (3) For the Union Station tunnels in the District of 
        Columbia to improve ventilation, communication, lighting, and 
        passenger egress improvements--
                    (A) $5,000,000 for fiscal year 2008;
                    (B) $5,000,000 for fiscal year 2009;
                    (C) $5,000,000 for fiscal year 2010; and
                    (D) $5,000,000 for fiscal year 2011.

    (b) Infrastructure Upgrades.--Out of funds appropriated pursuant to 
section 1503(b), there shall be made available to the Secretary of 
Transportation for fiscal year 2008, $3,000,000 for the preliminary 
design of options for a new tunnel on a different alignment to augment 
the capacity of the existing Baltimore tunnels.
    (c) Availability of Amounts.--Amounts appropriated pursuant to this 
section shall remain available until expended.
    (d) Plans Required.--The Secretary of Transportation may not make 
amounts available to Amtrak for obligation or expenditure under 
subsection (a)--
            (1) until Amtrak has submitted to the Secretary of 
        Transportation, and the Secretary of Transportation has 
        approved, an engineering and financial plan for such projects; 
        and
            (2) unless, for each project funded pursuant to this 
        section, the Secretary of Transportation has approved a project 
        management plan prepared by Amtrak.

    (e) Review of <<NOTE: Deadlines.>> Plans.--
            (1) In general.--The Secretary of Transportation shall 
        complete the review of a plan required under subsection (d) and 
        approve or disapprove the plan within 45 days after the date on 
        which each such plan is submitted by Amtrak.
            (2) Incomplete or deficient plan.--
        If <<NOTE: Notification.>> the Secretary of Transportation 
        determines that a plan is incomplete or deficient, the Secretary 
        of Transportation shall notify Amtrak of the incomplete items or 
        deficiencies and Amtrak shall, within 30 days after receiving 
        the Secretary of Transportation's 


[[Page 121 STAT. 438]]

        notification, submit a modified plan for the Secretary of 
        Transportation's review.
            (3) Approval of plan.--Within 15 days after receiving 
        additional information on items previously included in the plan, 
        and within 45 days after receiving items newly included in a 
        modified plan, the Secretary of Transportation shall either 
        approve the modified plan, or if the Secretary of Transportation 
        finds the plan is still incomplete or deficient, the Secretary 
        of Transportation shall--
                    (A) identify in writing to the appropriate 
                congressional committees the portions of the plan the 
                Secretary finds incomplete or deficient;
                    (B) approve all other portions of the plan;
                    (C) obligate the funds associated with those 
                portions; and
                    (D) execute an agreement with Amtrak within 15 days 
                thereafter on a process for resolving the remaining 
                portions of the plan.

    (f) Financial Contribution From Other Tunnel Users.--The Secretary 
of Transportation, taking into account the need for the timely 
completion of all portions of the tunnel projects described in 
subsection (a), shall--
            (1) consider the extent to which railroad carriers other 
        than Amtrak use or plan to use the tunnels;
            (2) consider the feasibility of seeking a financial 
        contribution from those other railroad carriers toward the costs 
        of the projects; and
            (3) obtain financial contributions or commitments from such 
        other railroad carriers at levels reflecting the extent of their 
        use or planned use of the tunnels, if feasible.
SEC. 1516. <<NOTE: 6 USC 1166.>> RAILROAD CARRIER EXERCISES.

    (a) In General.--The Secretary shall establish a program for 
conducting security exercises for railroad carriers for the purpose of 
assessing and improving the capabilities of entities described in 
subsection (b) to prevent, prepare for, mitigate, respond to, and 
recover from acts of terrorism.
    (b) Covered Entities.--Entities to be assessed under the program 
shall include--
            (1) Federal, State, and local agencies and tribal 
        governments;
            (2) railroad carriers;
            (3) governmental and nongovernmental emergency response 
        providers, law enforcement agencies, and railroad and transit 
        police, as appropriate; and
            (4) any other organization or entity that the Secretary 
        determines appropriate.

    (c) Requirements.--The Secretary shall ensure that the program--
            (1) consolidates existing security exercises for railroad 
        carriers administered by the Department and the Department of 
        Transportation, as jointly determined by the Secretary and the 
        Secretary of Transportation, unless the Secretary waives this 
        consolidation requirement as appropriate;
            (2) consists of exercises that are--

[[Page 121 STAT. 439]]

                    (A) scaled and tailored to the needs of the carrier, 
                including addressing the needs of the elderly and 
                individuals with disabilities;
                    (B) live, in the case of the most at-risk facilities 
                to a terrorist attack;
                    (C) coordinated with appropriate officials;
                    (D) as realistic as practicable and based on current 
                risk assessments, including credible threats, 
                vulnerabilities, and consequences;
                    (E) inclusive, as appropriate, of railroad frontline 
                employees; and
                    (F) consistent with the National Incident Management 
                System, the National Response Plan, the National 
                Infrastructure Protection Plan, the National 
                Preparedness Guidance, the National Preparedness Goal, 
                and other such national initiatives;
            (3) provides that exercises described in paragraph (2) will 
        be--
                    (A) evaluated by the Secretary against clear and 
                consistent performance measures;
                    (B) assessed by the Secretary to identify best 
                practices, which shall be shared, as appropriate, with 
                railroad carriers, nonprofit employee organizations that 
                represent railroad carrier employees, Federal, State, 
                local, and tribal officials, governmental and 
                nongovernmental emergency response providers, law 
                enforcement personnel, including railroad carrier and 
                transit police, and other stakeholders; and
                    (C) used to develop recommendations, as appropriate, 
                from the Secretary to railroad carriers on remedial 
                action to be taken in response to lessons learned;
            (4) allows for proper advanced notification of communities 
        and local governments in which exercises are held, as 
        appropriate; and
            (5) assists State, local, and tribal governments and 
        railroad carriers in designing, implementing, and evaluating 
        additional exercises that conform to the requirements of 
        paragraph (1).

    (d) National Exercise Program.--The Secretary shall ensure that the 
exercise program developed under subsection (c) is a component of the 
National Exercise Program established under section 648 of the Post 
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C. 
748).
SEC. 1517. <<NOTE: 6 USC 1167.>> RAILROAD SECURITY TRAINING 
                          PROGRAM.

    (a) In General.--Not <<NOTE: Deadline. Regulations.>> later than 6 
months after the date of enactment of this Act, the Secretary shall 
develop and issue regulations for a training program to prepare railroad 
frontline employees for potential security threats and conditions. The 
regulations shall take into consideration any current security training 
requirements or best practices.

    (b) Consultation.--The Secretary shall develop the regulations under 
subsection (a) in consultation with--
            (1) appropriate law enforcement, fire service, emergency 
        response, security, and terrorism experts;
            (2) railroad carriers;
            (3) railroad shippers; and

[[Page 121 STAT. 440]]

            (4) nonprofit employee labor organizations representing 
        railroad employees or emergency response personnel.

    (c) Program Elements.--The regulations developed under subsection 
(a) shall require security training programs described in subsection (a) 
to include, at a minimum, elements to address the following, as 
applicable:
            (1) Determination of the seriousness of any occurrence or 
        threat.
            (2) Crew and passenger communication and coordination.
            (3) Appropriate responses to defend or protect oneself.
            (4) Use of personal and other protective equipment.
            (5) Evacuation procedures for passengers and railroad 
        employees, including individuals with disabilities and the 
        elderly.
            (6) Psychology, behavior, and methods of terrorists, 
        including observation and analysis.
            (7) Training related to psychological responses to terrorist 
        incidents, including the ability to cope with hijacker behavior 
        and passenger responses.
            (8) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
            (9) Recognition and reporting of dangerous substances, 
        suspicious packages, and situations.
            (10) Understanding security incident procedures, including 
        procedures for communicating with governmental and 
        nongovernmental emergency response providers and for on-scene 
        interaction with such emergency response providers.
            (11) Operation and maintenance of security equipment and 
        systems.
            (12) Other security training activities that the Secretary 
        considers appropriate.

    (d) Required <<NOTE: Deadlines.>> Programs.--
            (1) Development and submission to secretary.--Not later than 
        90 days after the Secretary issues regulations under subsection 
        (a), each railroad carrier shall develop a security training 
        program in accordance with this section and submit the program 
        to the Secretary for approval.
            (2) Approval or disapproval.--Not later than 60 days after 
        receiving a security training program proposal under this 
        subsection, the Secretary shall approve the program or require 
        the railroad carrier that developed the program to make any 
        revisions to the program that the Secretary considers necessary 
        for the program to meet the requirements of this section. A 
        railroad carrier shall respond to the Secretary's comments 
        within 30 days after receiving them.
            (3) Training.--Not later than 1 year after the Secretary 
        approves a security training program in accordance with this 
        subsection, the railroad carrier that developed the program 
        shall complete the training of all railroad frontline employees 
        who were hired by a carrier more than 30 days preceding such 
        date. For such employees employed less than 30 days by a carrier 
        preceding such date, training shall be completed within the 
        first 60 days of employment.
            (4) Updates of regulations and program revisions.--The 
        Secretary shall periodically review and update as appropriate 
        the training regulations issued under subsection (a) to reflect 
        new or changing security threats. Each railroad carrier

[[Page 121 STAT. 441]]

        shall revise its training program accordingly and provide 
        additional training as necessary to its frontline employees 
        within a reasonable time after the regulations are updated.

    (e) National Training Program.--The Secretary shall ensure that the 
training program developed under subsection (a) is a component of the 
National Training Program established under section 648 of the Post 
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C. 
748).
    (f) Reporting Requirements.--Not later than 2 years after the date 
of regulation issuance, the Secretary shall review implementation of the 
training program of a representative sample of railroad carriers and 
railroad frontline employees, and report to the appropriate 
congressional committees on the number of reviews conducted and the 
results of such reviews. The Secretary may submit the report in both 
classified and redacted formats as necessary.
    (g) Other Employees.--The <<NOTE: Guidance.>> Secretary shall issue 
guidance and best practices for a railroad shipper employee security 
program containing the elements listed under subsection (c).
SEC. 1518. <<NOTE: 6 USC 1168.>> RAILROAD SECURITY RESEARCH AND 
                          DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary, acting through the Under Secretary for Science and Technology 
and the Administrator of the Transportation Security Administration, 
shall carry out a research and development program for the purpose of 
improving the security of railroad transportation systems.
    (b) Eligible Projects.--The research and development program may 
include projects--
            (1) to reduce the vulnerability of passenger trains, 
        stations, and equipment to explosives and hazardous chemical, 
        biological, and radioactive substances, including the 
        development of technology to screen passengers in large numbers 
        at peak commuting times with minimal interference and 
        disruption;
            (2) to test new emergency response and recovery techniques 
        and technologies, including those used at international borders;
            (3) to develop improved railroad security technologies, 
        including--
                    (A) technologies for sealing or modifying railroad 
                tank cars;
                    (B) automatic inspection of railroad cars;
                    (C) communication-based train control systems;
                    (D) emergency response training, including training 
                in a tunnel environment;
                    (E) security and redundancy for critical 
                communications, electrical power, computer, and train 
                control systems; and
                    (F) technologies for securing bridges and tunnels;
            (4) to test wayside detectors that can detect tampering;
            (5) to support enhanced security for the transportation of 
        security-sensitive materials by railroad;
            (6) to mitigate damages in the event of a cyber attack; and
            (7) to address other vulnerabilities and risks identified by 
        the Secretary.

    (c) Coordination With Other Research Initiatives.--The Secretary--

[[Page 121 STAT. 442]]

            (1) shall ensure that the research and development program 
        is consistent with the National Strategy for Railroad 
        Transportation Security developed under section 1511 and any 
        other transportation security research and development programs 
        required by this Act;
            (2) shall, to the extent practicable, coordinate the 
        research and development activities of the Department with other 
        ongoing research and development security-related initiatives, 
        including research being conducted by--
                    (A) the Department of Transportation, including 
                University Transportation Centers and other institutes, 
                centers, and simulators funded by the Department of 
                Transportation;
                    (B) the National Academy of Sciences;
                    (C) the Technical Support Working Group;
                    (D) other Federal departments and agencies; and
                    (E) other Federal and private research laboratories, 
                research entities, and universities and institutions of 
                higher education, including Historically Black Colleges 
                and Universities, Hispanic Serving Institutions, or 
                Indian Tribally Controlled Colleges and Universities;
            (3) shall carry out any research and development project 
        authorized by this section through a reimbursable agreement with 
        an appropriate Federal agency, if the agency--
                    (A) is currently sponsoring a research and 
                development project in a similar area; or
                    (B) has a unique facility or capability that would 
                be useful in carrying out the project;
            (4) may award grants, or enter into cooperative agreements, 
        contracts, other transactions, or reimbursable agreements to the 
        entities described in paragraph (2) and the eligible grant 
        recipients under section 1513; and
            (5) shall make reasonable efforts to enter into memoranda of 
        understanding, contracts, grants, cooperative agreements, or 
        other transactions with railroad carriers willing to contribute 
        both physical space and other resources.

    (d) Privacy and Civil Rights and Civil Liberties Issues.--
            (1) Consultation.--In carrying out research and development 
        projects under this section, the Secretary shall consult with 
        the Chief Privacy Officer of the Department and the Officer for 
        Civil Rights and Civil Liberties of the Department as 
        appropriate and in accordance with section 222 of the Homeland 
        Security Act of 2002 (6 U.S.C. 142).
            (2) Privacy impact assessments.--In accordance with sections 
        222 and 705 of the Homeland Security Act of 2002 (6 U.S.C. 142; 
        345), the Chief Privacy Officer shall conduct privacy impact 
        assessments and the Officer for Civil Rights and Civil Liberties 
        shall conduct reviews, as appropriate, for research and 
        development initiatives developed under this section that the 
        Secretary determines could have an impact on privacy, civil 
        rights, or civil liberties.

    (e) Authorization of Appropriations.--
            (1) In general.--Out of funds appropriated pursuant to 
        section 114(w) of title 49, United States Code, as amended by 
        section 1503, there shall be made available to the Secretary to 
        carry out this section--
                    (A) $33,000,000 for fiscal year 2008;

[[Page 121 STAT. 443]]

                    (B) $33,000,000 for fiscal year 2009;
                    (C) $33,000,000 for fiscal year 2010; and
                    (D) $33,000,000 for fiscal year 2011.
            (2) Period of availability.--Such sums shall remain 
        available until expended.
SEC. 1519. <<NOTE: 6 USC 1169.>> RAILROAD TANK CAR SECURITY 
                          TESTING.

    (a) Railroad Tank Car Vulnerability Assessment.--
            (1) Assessment.--The Secretary shall assess the likely 
        methods of a deliberate terrorist attack against a railroad tank 
        car used to transport toxic-inhalation-hazard materials, and for 
        each method assessed, the degree to which it may be successful 
        in causing death, injury, or serious adverse effects to human 
        health, the environment, critical infrastructure, national 
        security, the national economy, or public welfare.
            (2) Threats.--In carrying out paragraph (1), the Secretary 
        shall consider the most current threat information as to likely 
        methods of a successful terrorist attack on a railroad tank car 
        transporting toxic-inhalation-hazard materials, and may consider 
        the following:
                    (A) Explosive devices placed along the tracks or 
                attached to a railroad tank car.
                    (B) The use of missiles, grenades, rockets, mortars, 
                or other high-caliber weapons against a railroad tank 
                car.
            (3) Physical testing.--In developing the assessment required 
        under paragraph (1), the Secretary shall conduct physical 
        testing of the vulnerability of railroad tank cars used to 
        transport toxic-inhalation-hazard materials to different methods 
        of a deliberate attack, using technical information and criteria 
        to evaluate the structural integrity of railroad tank cars.
            (4) Report.--Not later than 30 days after the completion of 
        the assessment under paragraph (1), the Secretary shall provide 
        to the appropriate congressional committees a report, in the 
        appropriate format, on such assessment.

    (b) Railroad Tank Car Dispersion Modeling.--
            (1) In general.--The Secretary, acting through the National 
        Infrastructure Simulation and Analysis Center, shall conduct an 
        air dispersion modeling analysis of release scenarios of toxic-
        inhalation-hazard materials resulting from a terrorist attack on 
        a loaded railroad tank car carrying such materials in urban and 
        rural environments.
            (2) Considerations.--The analysis under this subsection 
        shall take into account the following considerations:
                    (A) The most likely means of attack and the 
                resulting dispersal rate.
                    (B) Different times of day, to account for 
                differences in cloud coverage and other atmospheric 
                conditions in the environment being modeled.
                    (C) Differences in population size and density.
                    (D) Historically accurate wind speeds, temperatures, 
                and wind directions.
                    (E) Differences in dispersal rates or other relevant 
                factors related to whether a railroad tank car is in 
                motion or stationary.
                    (F) Emergency response procedures by local 
                officials.

[[Page 121 STAT. 444]]

                    (G) Any other considerations the Secretary believes 
                would develop an accurate, plausible dispersion model 
                for toxic-inhalation-hazard materials released from a 
                railroad tank car as a result of a terrorist act.
            (3) Consultation.--In conducting the dispersion modeling 
        under paragraph (1), the Secretary shall consult with the 
        Secretary of Transportation, hazardous materials experts, 
        railroad carriers, nonprofit employee labor organizations 
        representing railroad employees, appropriate State, local, and 
        tribal officials, and other Federal agencies, as appropriate.
            (4) Information sharing.--Upon completion of the analysis 
        required under paragraph (1), the Secretary shall share the 
        information developed with the appropriate stakeholders, given 
        appropriate information protection provisions as may be required 
        by the Secretary.
            (5) Report.--Not later than 30 days after completion of all 
        dispersion analyses under paragraph (1), the Secretary shall 
        submit to the appropriate congressional committees a report 
        detailing the Secretary's conclusions and findings in an 
        appropriate format.
SEC. 1520. <<NOTE: Deadline.>> RAILROAD THREAT ASSESSMENTS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall complete a name-based security background check against 
the consolidated terrorist watchlist and an immigration status check for 
all railroad frontline employees, similar to the threat assessment 
screening program required for facility employees and longshoremen by 
the Commandant of the Coast Guard under Coast Guard Notice USCG-2006-
24189 (71 Fed. Reg. 25066 (April 8, 2006)).
SEC. 1521. RAILROAD EMPLOYEE PROTECTIONS.

    Section 20109 of title 49, United States Code, is amended to read:
``SEC. 20109. EMPLOYEE PROTECTIONS.

    ``(a) In General.--A railroad carrier engaged in interstate or 
foreign commerce, a contractor or a subcontractor of such a railroad 
carrier, or an officer or employee of such a railroad carrier, may not 
discharge, demote, suspend, reprimand, or in any other way discriminate 
against an employee if such discrimination is due, in whole or in part, 
to the employee's lawful, good faith act done, or perceived by the 
employer to have been done or about to be done--
            ``(1) to provide information, directly cause information to 
        be provided, or otherwise directly assist in any investigation 
        regarding any conduct which the employee reasonably believes 
        constitutes a violation of any Federal law, rule, or regulation 
        relating to railroad safety or security, or gross fraud, waste, 
        or abuse of Federal grants or other public funds intended to be 
        used for railroad safety or security, if the information or 
        assistance is provided to or an investigation stemming from the 
        provided information is conducted by--
                    ``(A) a Federal, State, or local regulatory or law 
                enforcement agency (including an office of the Inspector 
                General under the Inspector General Act of 1978 (5 
                U.S.C. App.; Public Law 95-452);

[[Page 121 STAT. 445]]

                    ``(B) any Member of Congress, any committee of 
                Congress, or the Government Accountability Office; or
                    ``(C) a person with supervisory authority over the 
                employee or such other person who has the authority to 
                investigate, discover, or terminate the misconduct;
            ``(2) to refuse to violate or assist in the violation of any 
        Federal law, rule, or regulation relating to railroad safety or 
        security;
            ``(3) to file a complaint, or directly cause to be brought a 
        proceeding related to the enforcement of this part or, as 
        applicable to railroad safety or security, chapter 51 or 57 of 
        this title, or to testify in that proceeding;
            ``(4) to notify, or attempt to notify, the railroad carrier 
        or the Secretary of Transportation of a work-related personal 
        injury or work-related illness of an employee;
            ``(5) to cooperate with a safety or security investigation 
        by the Secretary of Transportation, the Secretary of Homeland 
        Security, or the National Transportation Safety Board;
            ``(6) to furnish information to the Secretary of 
        Transportation, the Secretary of Homeland Security, the National 
        Transportation Safety Board, or any Federal, State, or local 
        regulatory or law enforcement agency as to the facts relating to 
        any accident or incident resulting in injury or death to an 
        individual or damage to property occurring in connection with 
        railroad transportation; or
            ``(7) to accurately report hours on duty pursuant to chapter 
        211.

    ``(b) Hazardous Safety or Security Conditions.--(1) A railroad 
carrier engaged in interstate or foreign commerce, or an officer or 
employee of such a railroad carrier, shall not discharge, demote, 
suspend, reprimand, or in any other way discriminate against an employee 
for--
            ``(A) reporting, in good faith, a hazardous safety or 
        security condition;
            ``(B) refusing to work when confronted by a hazardous safety 
        or security condition related to the performance of the 
        employee's duties, if the conditions described in paragraph (2) 
        exist; or
            ``(C) refusing to authorize the use of any safety-related 
        equipment, track, or structures, if the employee is responsible 
        for the inspection or repair of the equipment, track, or 
        structures, when the employee believes that the equipment, 
        track, or structures are in a hazardous safety or security 
        condition, if the conditions described in paragraph (2) exist.

    ``(2) A refusal is protected under paragraph (1)(B) and (C) if--
            ``(A) the refusal is made in good faith and no reasonable 
        alternative to the refusal is available to the employee;
            ``(B) a reasonable individual in the circumstances then 
        confronting the employee would conclude that--
                    ``(i) the hazardous condition presents an imminent 
                danger of death or serious injury; and
                    ``(ii) the urgency of the situation does not allow 
                sufficient time to eliminate the danger without such 
                refusal; and
            ``(C) the employee, where possible, has notified the 
        railroad carrier of the existence of the hazardous condition and 
        the

[[Page 121 STAT. 446]]

        intention not to perform further work, or not to authorize the 
        use of the hazardous equipment, track, or structures, unless the 
        condition is corrected immediately or the equipment, track, or 
        structures are repaired properly or replaced.

    ``(3) <<NOTE: Applicability.>> In this subsection, only paragraph 
(1)(A) shall apply to security personnel employed by a railroad carrier 
to protect individuals and property transported by railroad.

    ``(c) Enforcement Action.--
            ``(1) In general.--An employee who alleges discharge, 
        discipline, or other discrimination in violation of subsection 
        (a) or (b) of this section, may seek relief in accordance with 
        the provisions of this section, with any petition or other 
        request for relief under this section to be initiated by filing 
        a complaint with the Secretary of Labor.
            ``(2) Procedure.--
                    ``(A) In general.--Any action under paragraph (1) 
                shall be governed under the rules and procedures set 
                forth in section 42121(b), including:
                          ``(i) Burdens of proof.--Any action brought 
                      under (c)(1) shall be governed by the legal 
                      burdens of proof set forth in section 42121(b).
                          ``(ii) Statute of limitations.--An action 
                      under paragraph (1) shall be commenced not later 
                      than 180 days after the date on which the alleged 
                      violation of subsection (a) or (b) of this section 
                      occurs.
                          ``(iii) Civil actions to enforce.--If a person 
                      fails to comply with an order issued by the 
                      Secretary of Labor pursuant to the procedures in 
                      section 42121(b), the Secretary of Labor may bring 
                      a civil action to enforce the order in the 
                      district court of the United States for the 
                      judicial district in which the violation occurred, 
                      as set forth in 42121.
                    ``(B) Exception.--Notification made under section 
                42121(b)(1) shall be made to the person named in the 
                complaint and the person's employer.
            ``(3) De novo review.--With respect to a complaint under 
        paragraph (1), if the Secretary of Labor has not issued a final 
        decision within 210 days after the filing of the complaint and 
        if the delay is not due to the bad faith of the employee, the 
        employee may bring an original action at law or equity for de 
        novo review in the appropriate district court of the United 
        States, which shall have jurisdiction over such an action 
        without regard to the amount in controversy, and which action 
        shall, at the request of either party to such action, be tried 
        by the court with a jury.
            ``(4) Appeals.--Any person adversely affected or aggrieved 
        by an order issued pursuant to the procedures in section 
        42121(b), may obtain review of the order in the United States 
        court of appeals for the circuit in which the violation, with 
        respect to which the order was issued, allegedly occurred or the 
        circuit in which the complainant resided on the date of such 
        violation. <<NOTE: Deadline.>> The petition for review must be 
        filed not later than 60 days after the date of the issuance of 
        the final order of the Secretary of Labor. The review shall 
        conform to chapter 7 of title 5. The commencement of proceedings 
        under this paragraph shall not, unless ordered by the court, 
        operate as a stay of the order.

[[Page 121 STAT. 447]]

    ``(d) Remedies.--
            ``(1) In general.--An employee prevailing in any action 
        under subsection (c) shall be entitled to all relief necessary 
        to make the employee whole.
            ``(2) Damages.--Relief in an action under subsection (c) 
        (including an action described in subsection (c)(3)) shall 
        include--
                    ``(A) reinstatement with the same seniority status 
                that the employee would have had, but for the 
                discrimination;
                    ``(B) any backpay, with interest; and
                    ``(C) compensatory damages, including compensation 
                for any special damages sustained as a result of the 
                discrimination, including litigation costs, expert 
                witness fees, and reasonable attorney fees.
            ``(3) Possible relief.--Relief in any action under 
        subsection (c) may include punitive damages in an amount not to 
        exceed $250,000.

    ``(e) Election of Remedies.--An employee may not seek protection 
under both this section and another provision of law for the same 
allegedly unlawful act of the railroad carrier.
    ``(f) No Preemption.--Nothing in this section preempts or diminishes 
any other safeguards against discrimination, demotion, discharge, 
suspension, threats, harassment, reprimand, retaliation, or any other 
manner of discrimination provided by Federal or State law.
    ``(g) Rights Retained by Employee.--Nothing in this section shall be 
deemed to diminish the rights, privileges, or remedies of any employee 
under any Federal or State law or under any collective bargaining 
agreement. The rights and remedies in this section may not be waived by 
any agreement, policy, form, or condition of employment.
    ``(h) Disclosure of Identity.--
            ``(1) Except as provided in paragraph (2) of this 
        subsection, or with the written consent of the employee, the 
        Secretary of Transportation or the Secretary of Homeland 
        Security may not disclose the name of an employee of a railroad 
        carrier who has provided information about an alleged violation 
        of this part or, as applicable to railroad safety or security, 
        chapter 51 or 57 of this title, or a regulation prescribed or 
        order issued under any of those provisions.
            ``(2) The Secretary of Transportation or the Secretary of 
        Homeland Security shall disclose to the Attorney General the 
        name of an employee described in paragraph (1) if the matter is 
        referred to the Attorney General for 
        enforcement. <<NOTE: Notification.>> The Secretary making such 
        disclosures shall provide reasonable advance notice to the 
        affected employee if disclosure of that person's identity or 
        identifying information is to occur.

    ``(i) Process for Reporting Security Problems to the Department of 
Homeland Security.--
            ``(1) Establishment of process.--
        The <<NOTE: Regulations. Notice.>> Secretary of Homeland 
        Security shall establish through regulations, after an 
        opportunity for notice and comment, a process by which any 
        person may report to the Secretary of Homeland Security 
        regarding railroad security problems, deficiencies, or 
        vulnerabilities.
            ``(2) Acknowledgment of receipt.--If a report submitted 
        under paragraph (1) identifies the person making the report,

[[Page 121 STAT. 448]]

        the Secretary of Homeland Security shall respond promptly to 
        such person and acknowledge receipt of the report.
            ``(3) Steps to address problem.--The Secretary of Homeland 
        Security shall review and consider the information provided in 
        any report submitted under paragraph (1) and shall take 
        appropriate steps to address any problems or deficiencies 
        identified.''.
SEC. 1522. <<NOTE: 6 USC 1170.>> SECURITY BACKGROUND CHECKS OF 
                          COVERED INDIVIDUALS.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Security background check.--The term ``security 
        background check'' means reviewing, for the purpose of 
        identifying individuals who may pose a threat to transportation 
        security or national security, or of terrorism--
                    (A) relevant criminal history databases;
                    (B) in the case of an alien (as defined in the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), 
                the relevant databases to determine the status of the 
                alien under the immigration laws of the United States; 
                and
                    (C) other relevant information or databases, as 
                determined by the Secretary.
            (2) Covered individual.--The term ``covered individual'' 
        means an employee of a railroad carrier or a contractor or 
        subcontractor of a railroad carrier.

    (b) Guidance.--
            (1) Any guidance, recommendations, suggested action items, 
        or any other widely disseminated voluntary action items issued 
        by the Secretary to a railroad carrier or a contractor or 
        subcontractor of a railroad carrier relating to performing a 
        security background check of a covered individual shall contain 
        recommendations on the appropriate scope and application of such 
        a security background check, including the time period covered, 
        the types of disqualifying offenses, and a redress process for 
        adversely impacted covered individuals consistent with 
        subsections (c) and (d) of this section.
            (2) Within 60 days after the date of enactment of this Act, 
        any guidance, recommendations, suggested action items, or any 
        other widely disseminated voluntary action item issued by the 
        Secretary prior to the date of enactment of this Act to a 
        railroad carrier or a contractor or subcontractor of a railroad 
        carrier relating to performing a security background check of a 
        covered individual shall be updated in compliance with paragraph 
        (1).
            (3) If a railroad carrier or a contractor or subcontractor 
        of a railroad carrier performs a security background check on a 
        covered individual to fulfill guidance issued by the Secretary 
        under paragraph (1) or (2), the Secretary shall not consider 
        such guidance fulfilled unless an adequate redress process as 
        described in subsection (d) is provided to covered individuals.

    (c) Requirements.--If the Secretary issues a rule, regulation, or 
directive requiring a railroad carrier or contractor or subcontractor of 
a railroad carrier to perform a security background check of a covered 
individual, then the Secretary shall prohibit the railroad carrier or 
contractor or subcontractor of a railroad carrier from making an adverse 
employment decision, including removal

[[Page 121 STAT. 449]]

or suspension of the covered individual, due to such rule, regulation, 
or directive with respect to a covered individual unless the railroad 
carrier or contractor or subcontractor of a railroad carrier determines 
that the covered individual--
            (1) has been convicted of, has been found not guilty by 
        reason of insanity, or is under want, warrant, or indictment for 
        a permanent disqualifying criminal offense listed in part 1572 
        of title 49, Code of Federal Regulations;
            (2) was convicted of or found not guilty by reason of 
        insanity of an interim disqualifying criminal offense listed in 
        part 1572 of title 49, Code of Federal Regulations, within 7 
        years of the date that the railroad carrier or contractor or 
        subcontractor of a railroad carrier performs the security 
        background check; or
            (3) was incarcerated for an interim disqualifying criminal 
        offense listed in part 1572 of title 49, Code of Federal 
        Regulations, and released from incarceration within 5 years of 
        the date that the railroad carrier or contractor or 
        subcontractor of a railroad carrier performs the security 
        background check.

    (d) Redress Process.--If the Secretary issues a rule, regulation, or 
directive requiring a railroad carrier or contractor or subcontractor of 
a railroad carrier to perform a security background check of a covered 
individual, the Secretary shall--
            (1) provide an adequate redress process for a covered 
        individual subjected to an adverse employment decision, 
        including removal or suspension of the employee, due to such 
        rule, regulation, or directive that is consistent with the 
        appeals and waiver process established for applicants for 
        commercial motor vehicle hazardous materials endorsements and 
        transportation employees at ports, as required by section 
        70105(c) of title 46, United States Code; and
            (2) have the authority to order an appropriate remedy, 
        including reinstatement of the covered individual, should the 
        Secretary determine that a railroad carrier or contractor or 
        subcontractor of a railroad carrier wrongfully made an adverse 
        employment decision regarding a covered individual pursuant to 
        such rule, regulation, or directive.

    (e) False Statements.--A railroad carrier or a contractor or 
subcontractor of a railroad carrier may not knowingly misrepresent to an 
employee or other relevant person, including an arbiter involved in a 
labor arbitration, the scope, application, or meaning of any rules, 
regulations, directives, or guidance issued by the Secretary related to 
security background check requirements for covered individuals when 
conducting a security background check. Not 
later <<NOTE: Deadline. Regulations.>> than 1 year after the date of 
enactment of this Act, the Secretary shall issue a regulation that 
prohibits a railroad carrier or a contractor or subcontractor of a 
railroad carrier from knowingly misrepresenting to an employee or other 
relevant person, including an arbiter involved in a labor arbitration, 
the scope, application, or meaning of any rules, regulations, 
directives, or guidance issued by the Secretary related to security 
background check requirements for covered individuals when conducting a 
security background check.

    (f) Rights and Responsibilities.--Nothing in this section shall be 
construed to abridge a railroad carrier's or a contractor or 
subcontractor of a railroad carrier's rights or responsibilities to make 
adverse employment decisions permitted by other Federal,

[[Page 121 STAT. 450]]

State, or local laws. Nothing in the section shall be construed to 
abridge rights and responsibilities of covered individuals, a railroad 
carrier, or a contractor or subcontractor of a railroad carrier, under 
any other Federal, State, or local laws or under any collective 
bargaining agreement.
    (g) No Preemption of Federal or State Law.--Nothing in this section 
shall be construed to preempt a Federal, State, or local law that 
requires criminal history background checks, immigration status checks, 
or other background checks, of covered individuals.
    (h) Statutory Construction.--Nothing in this section shall be 
construed to affect the process for review established under section 
70105(c) of title 46, United States Code, including regulations issued 
pursuant to such section.
SEC. 1523. NORTHERN BORDER RAILROAD PASSENGER REPORT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Administrator of 
the Transportation Security Administration, the Secretary of 
Transportation, heads of other appropriate Federal departments and 
agencies and Amtrak shall transmit a report to the appropriate 
congressional committees that contains--
            (1) a description of the current system for screening 
        passengers and baggage on passenger railroad service between the 
        United States and Canada;
            (2) an assessment of the current program to provide 
        preclearance of airline passengers between the United States and 
        Canada as outlined in ``The Agreement on Air Transport 
        Preclearance between the Government of Canada and the Government 
        of the United States of America'', dated January 18, 2001;
            (3) an assessment of the current program to provide 
        preclearance of freight railroad traffic between the United 
        States and Canada as outlined in the ``Declaration of Principle 
        for the Improved Security of Rail Shipments by Canadian National 
        Railway and Canadian Pacific Railway from Canada to the United 
        States'', dated April 2, 2003;
            (4) information on progress by the Department of Homeland 
        Security and other Federal agencies towards finalizing a 
        bilateral protocol with Canada that would provide for 
        preclearance of passengers on trains operating between the 
        United States and Canada;
            (5) a description of legislative, regulatory, budgetary, or 
        policy barriers within the United States Government to providing 
        prescreened passenger lists for railroad passengers traveling 
        between the United States and Canada to the Department;
            (6) a description of the position of the Government of 
        Canada and relevant Canadian agencies with respect to 
        preclearance of such passengers;
            (7) a draft of any changes in existing Federal law necessary 
        to provide for prescreening of such passengers and providing 
        prescreened passenger lists to the Department; and
            (8) an analysis of the feasibility of reinstating in-transit 
        inspections onboard international Amtrak trains.

    (b) Privacy and Civil Rights and Civil Liberties Issues.--

[[Page 121 STAT. 451]]

            (1) Consultation.--In preparing the report under this 
        section, the Secretary shall consult with the Chief Privacy 
        Officer of the Department and the Officer for Civil Rights and 
        Civil Liberties of the Department as appropriate and in 
        accordance with section 222 of the Homeland Security Act of 
        2002.
            (2) Privacy impact assessments.--In accordance with sections 
        222 and 705 of the Homeland Security Act of 2002, the report 
        must contain a privacy impact assessment conducted by the Chief 
        Privacy Officer and a review conducted by the Officer for Civil 
        Rights and Civil Liberties.
SEC. 1524. <<NOTE: 6 USC 1171.>> INTERNATIONAL RAILROAD SECURITY 
                          PROGRAM.

    (a) In General.--
            (1) The Secretary shall develop a system to detect both 
        undeclared passengers and contraband, with a primary focus on 
        the detection of nuclear and radiological materials entering the 
        United States by railroad.
            (2) System requirements.--In developing the system under 
        paragraph (1), the Secretary may, in consultation with the 
        Domestic Nuclear Detection Office, Customs and Border 
        Protection, and the Transportation Security Administration--
                    (A) deploy radiation detection equipment and 
                nonintrusive imaging equipment at locations where 
                railroad shipments cross an international border to 
                enter the United States;
                    (B) consider the integration of radiation detection 
                technologies with other nonintrusive inspection 
                technologies where feasible;
                    (C) ensure appropriate training, operations, and 
                response protocols are established for Federal, State, 
                and local personnel;
                    (D) implement alternative procedures to check 
                railroad shipments at locations where the deployment of 
                nonintrusive inspection imaging equipment is determined 
                to not be practicable;
                    (E) ensure, to the extent practicable, that such 
                technologies deployed can detect terrorists or weapons, 
                including weapons of mass destruction; and
                    (F) take other actions, as appropriate, to develop 
                the system.

    (b) Additional Information.--The Secretary shall--
            (1) identify and seek the submission of additional data 
        elements for improved high-risk targeting related to the 
        movement of cargo through the international supply chain 
        utilizing a railroad prior to importation into the United 
        States;
            (2) utilize data collected and maintained by the Secretary 
        of Transportation in the targeting of high-risk cargo identified 
        under paragraph (1); and
            (3) analyze the data provided in this subsection to identify 
        high-risk cargo for inspection.

    (c) Report to Congress.--Not later than September 30, 2008, the 
Secretary shall transmit to the appropriate congressional committees a 
report that describes the progress of the system being developed under 
subsection (a).
    (d) Definitions.--In this section:

[[Page 121 STAT. 452]]

            (1) International supply chain.--The term ``international 
        supply chain'' means the end-to-end process for shipping goods 
        to or from the United States, beginning at the point of origin 
        (including manufacturer, supplier, or vendor) through a point of 
        distribution to the destination.
            (2) Radiation detection equipment.--The term ``radiation 
        detection equipment'' means any technology that is capable of 
        detecting or identifying nuclear and radiological material or 
        nuclear and radiological explosive devices.
            (3) Inspection.--The term ``inspection'' means the 
        comprehensive process used by Customs and Border Protection to 
        assess goods entering the United States to appraise them for 
        duty purposes, to detect the presence of restricted or 
        prohibited items, and to ensure compliance with all applicable 
        laws.
SEC. 1525. TRANSMISSION LINE REPORT.

    (a) Study.--The Comptroller General shall undertake an assessment of 
the placement of high-voltage, direct-current, electric transmission 
lines along active railroad and other transportation rights-of-way. In 
conducting the assessment, the Comptroller General shall evaluate any 
economic, safety, and security risks and benefits to inhabitants living 
adjacent to such rights-of-way and to consumers of electric power 
transmitted by such transmission lines.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Comptroller General shall transmit the results of the 
assessment in subsection (a) to the appropriate congressional 
committees.
SEC. 1526. RAILROAD SECURITY ENHANCEMENTS.

    (a) Railroad Police Officers.--Section 28101 of title 49, United 
States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``Under''; and
            (2) by adding at the end the following:

    ``(b) Assignment.--A railroad police officer employed by a railroad 
carrier and certified or commissioned as a police officer under the laws 
of a State may be temporarily assigned to assist a second railroad 
carrier in carrying out law enforcement duties upon the request of the 
second railroad carrier, at which time the police officer shall be 
considered to be an employee of the second railroad carrier and shall 
have authority to enforce the laws of any jurisdiction in which the 
second railroad carrier owns property to the same extent as provided in 
subsection (a).''.
    (b) Model State Legislation.--Not <<NOTE: Deadline. 6 USC 
1172.>> later than November 2, 2007, the Secretary of Transportation 
shall develop and make available to States model legislation to address 
the problem of entities that claim to be railroad carriers in order to 
establish and run a police force when the entities do not in fact 
provide railroad transportation. In developing the model State 
legislation the Secretary shall solicit the input of the States, 
railroads carriers, and railroad carrier employees. The Secretary shall 
review and, if necessary, revise such model State legislation 
periodically.
SEC. 1527. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CERTAIN 
                          AMTRAK CONTRACTS.

    Section 24301 of title 49, United States Code, is amended by adding 
at the end the following:

[[Page 121 STAT. 453]]

    ``(o) Applicability of District of Columbia Law.--Any lease or 
contract entered into between Amtrak and the State of Maryland, or any 
department or agency of the State of Maryland, after the date of the 
enactment of this subsection shall be governed by the laws of the 
District of Columbia.''.
SEC. 1528. RAILROAD PREEMPTION CLARIFICATION.

    Section 20106 of title 49, United States Code, is amended to read as 
follows:
``Sec. 20106. Preemption

    ``(a) National Uniformity of Regulation.--(1) Laws, regulations, and 
orders related to railroad safety and laws, regulations, and orders 
related to railroad security shall be nationally uniform to the extent 
practicable.
    ``(2) A State may adopt or continue in force a law, regulation, or 
order related to railroad safety or security until the Secretary of 
Transportation (with respect to railroad safety matters), or the 
Secretary of Homeland Security (with respect to railroad security 
matters), prescribes a regulation or issues an order covering the 
subject matter of the State requirement. A State may adopt or continue 
in force an additional or more stringent law, regulation, or order 
related to railroad safety or security when the law, regulation, or 
order--
            ``(A) is necessary to eliminate or reduce an essentially 
        local safety or security hazard;
            ``(B) is not incompatible with a law, regulation, or order 
        of the United States Government; and
            ``(C) does not unreasonably burden interstate commerce.

    ``(b) Clarification Regarding State Law Causes of Action.--(1) 
Nothing in this section shall be construed to preempt an action under 
State law seeking damages for personal injury, death, or property damage 
alleging that a party--
            ``(A) has failed to comply with the Federal standard of care 
        established by a regulation or order issued by the Secretary of 
        Transportation (with respect to railroad safety matters), or the 
        Secretary of Homeland Security (with respect to railroad 
        security matters), covering the subject matter as provided in 
        subsection (a) of this section;
            ``(B) has failed to comply with its own plan, rule, or 
        standard that it created pursuant to a regulation or order 
        issued by either of the Secretaries; or
            ``(C) has failed to comply with a State law, regulation, or 
        order that is not incompatible with subsection (a)(2).

    ``(2) <<NOTE: Applicability.>> This subsection shall apply to all 
pending State law causes of action arising from events or activities 
occurring on or after January 18, 2002.

    ``(c) Jurisdiction.--Nothing in this section creates a Federal cause 
of action on behalf of an injured party or confers Federal question 
jurisdiction for such State law causes of action.''.

[[Page 121 STAT. 454]]

           Subtitle C--Over-the-Road Bus and Trucking Security

SEC. 1531. <<NOTE: 6 USC 1181.>> OVER-THE-ROAD BUS SECURITY 
                          ASSESSMENTS AND PLANS.

    (a) In General.--Not <<NOTE: Deadline. Regulations.>> later than 18 
months after the date of enactment of this Act, the Secretary shall 
issue regulations that--
            (1) require each over-the-road bus operator assigned to a 
        high-risk tier under this section--
                    (A) to conduct a vulnerability assessment in 
                accordance with subsections (c) and (d); and
                    (B) to prepare, submit to the Secretary for 
                approval, and implement a security plan in accordance 
                with subsection (e); and
            (2) establish standards and guidelines for developing and 
        implementing the vulnerability assessments and security plans 
        for carriers assigned to high-risk tiers consistent with this 
        section.

    (b) Non High-Risk Programs.--The Secretary may establish a security 
program for over-the-road bus operators not assigned to a high-risk 
tier, including--
            (1) guidance for such operators in conducting vulnerability 
        assessments and preparing and implementing security plans, as 
        determined appropriate by the Secretary; and
            (2) a process to review and approve such assessments and 
        plans, as appropriate.

    (c) Deadline for Submission.--Not later than 9 months after the date 
of issuance of the regulations under subsection (a), the vulnerability 
assessments and security plans required by such regulations for over-
the-road bus operators assigned to a high-risk tier shall be completed 
and submitted to the Secretary for review and approval.
    (d) Vulnerability Assessments.--
            (1) Requirements.--The Secretary shall provide technical 
        assistance and guidance to over-the-road bus operators in 
        conducting vulnerability assessments under this section and 
        shall require that each vulnerability assessment of an operator 
        assigned to a high-risk tier under this section includes, as 
        appropriate--
                    (A) identification and evaluation of critical assets 
                and infrastructure, including platforms, stations, 
                terminals, and information systems;
                    (B) identification of the vulnerabilities to those 
                assets and infrastructure; and
                    (C) identification of weaknesses in--
                          (i) physical security;
                          (ii) passenger and cargo security;
                          (iii) the security of programmable electronic 
                      devices, computers, or other automated systems 
                      which are used in providing over-the-road bus 
                      transportation;
                          (iv) alarms, cameras, and other protection 
                      systems;
                          (v) communications systems and utilities 
                      needed for over-the-road bus security purposes, 
                      including dispatching systems;
                          (vi) emergency response planning;
                          (vii) employee training; and

[[Page 121 STAT. 455]]

                          (viii) such other matters as the Secretary 
                      determines appropriate.
            (2) Threat information.--The Secretary shall provide in a 
        timely manner to the appropriate employees of an over-the-road 
        bus operator, as designated by the over-the-road bus operator, 
        threat information that is relevant to the operator when 
        preparing and submitting a vulnerability assessment and security 
        plan, including an assessment of the most likely methods that 
        could be used by terrorists to exploit weaknesses in over-the-
        road bus security.

    (e) Security Plans.--
            (1) Requirements.--The Secretary shall provide technical 
        assistance and guidance to over-the-road bus operators in 
        preparing and implementing security plans under this section and 
        shall require that each security plan of an over-the-road bus 
        operator assigned to a high-risk tier under this section 
        includes, as appropriate--
                    (A) the identification of a security coordinator 
                having authority--
                          (i) to implement security actions under the 
                      plan;
                          (ii) to coordinate security improvements; and
                          (iii) to receive communications from 
                      appropriate Federal officials regarding over-the-
                      road bus security;
                    (B) a list of needed capital and operational 
                improvements;
                    (C) procedures to be implemented or used by the 
                over-the-road bus operator in response to a terrorist 
                attack, including evacuation and passenger communication 
                plans that include individuals with disabilities, as 
                appropriate;
                    (D) the identification of steps taken with State and 
                local law enforcement agencies, emergency responders, 
                and Federal officials to coordinate security measures 
                and plans for response to a terrorist attack;
                    (E) a strategy and timeline for conducting training 
                under section 1534;
                    (F) enhanced security measures to be taken by the 
                over-the-road bus operator when the Secretary declares a 
                period of heightened security risk;
                    (G) plans for providing redundant and backup systems 
                required to ensure the continued operation of critical 
                elements of the over-the-road bus operator's system in 
                the event of a terrorist attack or other incident; and
                    (H) such other actions or procedures as the 
                Secretary determines are appropriate to address the 
                security of over-the-road bus operators.
            (2) Security coordinator requirements.--The Secretary shall 
        require that the individual serving as the security coordinator 
        identified in paragraph (1)(A) is a citizen of the United 
        States. The Secretary may waive this requirement with respect to 
        an individual if the Secretary determines that it is appropriate 
        to do so based on a background check of the individual and a 
        review of the consolidated terrorist watchlist.

    (f) Deadline for Review Process.--Not later than 6 months after 
receiving the assessments and plans required under this section, the 
Secretary shall--
            (1) review each vulnerability assessment and security plan 
        submitted to the Secretary in accordance with subsection (c);

[[Page 121 STAT. 456]]

            (2) require amendments to any security plan that does not 
        meet the requirements of this section; and
            (3) approve any vulnerability assessment or security plan 
        that meets the requirements of this section.

    (g) Interim Security Measures.--The Secretary may require over-the-
road bus operators, during the period before the deadline established 
under subsection (c), to submit a security plan to implement any 
necessary interim security measures essential to providing adequate 
security of the over-the-road bus operator's system. An interim plan 
required under this subsection shall be superseded by a plan required 
under subsection (c).
    (h) Tier Assignment.--The Secretary shall assign each over-the-road 
bus operator to a risk-based tier established by the Secretary:
            (1) Provision of information.--The Secretary may request, 
        and an over-the-road bus operator shall provide, information 
        necessary for the Secretary to assign an over-the-road bus 
        operator to the appropriate tier under this subsection.
            (2) Notification.--Not later than 60 days after the date an 
        over-the-road bus operator is assigned to a tier under this 
        section, the Secretary shall notify the operator of the tier to 
        which it is assigned and the reasons for such assignment.
            (3) High-risk tiers.--At least one of the tiers established 
        by the Secretary under this section shall be a tier designated 
        for high-risk over-the-road bus operators.
            (4) Reassignment.--The Secretary may reassign an over-the-
        road bus operator to another tier, as appropriate, in response 
        to changes in risk and the Secretary shall notify the over-the-
        road bus operator within 60 days after such reassignment and 
        provide the operator with the reasons for such reassignment.

    (i) Existing Procedures, Protocols, and Standards.--
            (1) Determination.--In response to a petition by an over-
        the-road bus operator or at the discretion of the Secretary, the 
        Secretary may determine that existing procedures, protocols, and 
        standards meet all or part of the requirements of this section 
        regarding vulnerability assessments and security plans.
            (2) Election.--Upon review and written determination by the 
        Secretary that existing procedures, protocols, or standards of 
        an over-the-road bus operator satisfy the requirements of this 
        section, the over-the-road bus operator may elect to comply with 
        those procedures, protocols, or standards instead of the 
        requirements of this section.
            (3) Partial approval.--If the Secretary determines that the 
        existing procedures, protocols, or standards of an over-the-road 
        bus operator satisfy only part of the requirements of this 
        section, the Secretary may accept such submission, but shall 
        require submission by the operator of any additional information 
        relevant to the vulnerability assessment and security plan of 
        the operator to ensure that the remaining requirements of this 
        section are fulfilled.
            (4) Notification.--If the Secretary determines that 
        particular existing procedures, protocols, or standards of an 
        over-the-road bus operator under this subsection do not satisfy 
        the requirements of this section, the Secretary shall provide to

[[Page 121 STAT. 457]]

        the operator a written notification that includes an explanation 
        of the reasons for nonacceptance.
            (5) Review.--Nothing in this subsection shall relieve the 
        Secretary of the obligation--
                    (A) to review the vulnerability assessment and 
                security plan submitted by an over-the-road bus operator 
                under this section; and
                    (B) to approve or disapprove each submission on an 
                individual basis.

    (j) Periodic <<NOTE: Deadlines.>> Evaluation by Over-the-Road Bus 
Provider Required.--
            (1) Submission of evaluation.--Not later than 3 years after 
        the date on which a vulnerability assessment or security plan 
        required to be submitted to the Secretary under subsection (c) 
        is approved, and at least once every 5 years thereafter (or on 
        such a schedule as the Secretary may establish by regulation), 
        an over-the-road bus operator who submitted a vulnerability 
        assessment and security plan and who is still assigned to the 
        high-risk tier shall also submit to the Secretary an evaluation 
        of the adequacy of the vulnerability assessment and security 
        plan that includes a description of any material changes made to 
        the vulnerability assessment or security plan.
            (2) Review of evaluation.--Not later than 180 days after the 
        date on which an evaluation is submitted, the Secretary shall 
        review the evaluation and notify the over-the-road bus operator 
        submitting the evaluation of the Secretary's approval or 
        disapproval of the evaluation.

    (k) Shared Facilities.--The Secretary may permit under this section 
the development and implementation of coordinated vulnerability 
assessments and security plans to the extent that an over-the-road bus 
operator shares facilities with, or is colocated with, other 
transportation entities or providers that are required to develop 
vulnerability assessments and security plans under Federal law.
    (l) Nondisclosure of Information.--
            (1) Submission of information to congress.--Nothing in this 
        section shall be construed as authorizing the withholding of any 
        information from Congress.
            (2) Disclosure of independently furnished information.--
        Nothing in this section shall be construed as affecting any 
        authority or obligation of a Federal agency to disclose any 
        record or information that the Federal agency obtains from an 
        over-the-road bus operator under any other Federal law.
SEC. 1532. <<NOTE: 6 USC 1182.>> OVER-THE-ROAD BUS SECURITY 
                          ASSISTANCE.

    (a) In General.--The Secretary shall establish a program for making 
grants to eligible private operators providing transportation by an 
over-the-road bus for security improvements described in subsection (b).
    (b) Uses of Funds.--A recipient of a grant received under subsection 
(a) shall use the grant funds for one or more of the following:
            (1) Constructing and modifying terminals, garages, and 
        facilities, including terminals and other over-the-road bus 
        facilities owned by State or local governments, to increase 
        their security.

[[Page 121 STAT. 458]]

            (2) Modifying over-the-road buses to increase their 
        security.
            (3) Protecting or isolating the driver of an over-the-road 
        bus.
            (4) Acquiring, upgrading, installing, or operating 
        equipment, software, or accessorial services for collection, 
        storage, or exchange of passenger and driver information through 
        ticketing systems or other means and for information links with 
        government agencies, for security purposes.
            (5) Installing cameras and video surveillance equipment on 
        over-the-road buses and at terminals, garages, and over-the-road 
        bus facilities.
            (6) Establishing and improving an emergency communications 
        system linking drivers and over-the-road buses to the 
        recipient's operations center or linking the operations center 
        to law enforcement and emergency personnel.
            (7) Implementing and operating passenger screening programs 
        for weapons and explosives.
            (8) Public awareness campaigns for enhanced over-the-road 
        bus security.
            (9) Operating and capital costs associated with over-the-
        road bus security awareness, preparedness, and response 
        training, including training under section 1534 and training 
        developed by institutions of higher education and by nonprofit 
        employee labor organizations, for over-the-road bus employees, 
        including frontline employees.
            (10) Chemical, biological, radiological, or explosive 
        detection, including canine patrols for such detection.
            (11) Overtime reimbursement, including reimbursement of 
        State, local, and tribal governments for costs, for enhanced 
        security personnel assigned to duties related to over-the-road 
        bus security during periods of high or severe threat levels, 
        National Special Security Events, or other periods of heightened 
        security as determined by the Secretary.
            (12) Live or simulated exercises, including those described 
        in section 1533.
            (13) Operational costs to hire, train, and employ police and 
        security officers, including canine units, assigned to full-time 
        security or counterterrorism duties related to over-the-road bus 
        transportation, including reimbursement of State, local, and 
        tribal government costs for such personnel.
            (14) Development of assessments or security plans under 
        section 1531.
            (15) Such other improvements as the Secretary considers 
        appropriate.

    (c) Due Consideration.--In <<NOTE: Grants.>> making grants under 
this section, the Secretary shall prioritize grant funding based on 
security risks to bus passengers and the ability of a project to reduce, 
or enhance response to, that risk, and shall not penalize private 
operators of over-the-road buses that have taken measures to enhance 
over-the-road bus transportation security prior to September 11, 2001.

    (d) Department of Homeland Security Responsibilities.--In carrying 
out the responsibilities under subsection (a), the Secretary shall--
            (1) determine the requirements for recipients of grants 
        under this section, including application requirements;
            (2) select grant recipients;

[[Page 121 STAT. 459]]

            (3) award the funds authorized by this section based on 
        risk, as identified by the plans required under section 1531 or 
        assessment or plan described in subsection (f)(2); and
            (4) pursuant to subsection (c), establish priorities for the 
        use of funds for grant recipients.

    (e) Distribution of Grants.--Not <<NOTE: Deadline.>> later than 90 
days after the date of enactment of this Act, the Secretary and the 
Secretary of Transportation shall determine the most effective and 
efficient way to distribute grant funds to the recipients of grants 
determined by the Secretary under subsection (a). Subject to the 
determination made by the Secretaries, the Secretary may transfer funds 
to the Secretary of Transportation for the purposes of disbursing funds 
to the grant recipient.

    (f) Eligibility.--
            (1) A private operator providing transportation by an over-
        the-road bus is eligible for a grant under this section if the 
        operator has completed a vulnerability assessment and developed 
        a security plan that the Secretary has approved under section 
        1531. Grant funds may only be used for permissible uses under 
        subsection (b) to further an over-the-road bus security plan.
            (2) Notwithstanding the requirements for eligibility and 
        uses in paragraph (1), prior to the earlier of 1 year after the 
        date of issuance of final regulations requiring vulnerability 
        assessments and security plans under section 1531 or 3 years 
        after the date of enactment of this Act, the Secretary may award 
        grants under this section for over-the-road bus security 
        improvements listed under subsection (b) based upon over-the-
        road bus vulnerability assessments and security plans that the 
        Secretary deems are sufficient for the purposes of this section 
        but have not been approved by the Secretary in accordance with 
        section 1531.

    (g) Subject to Certain Terms and Conditions.--Except as otherwise 
specifically provided in this section, a grant made under this section 
shall be subject to the terms and conditions applicable to subrecipients 
who provide over-the-road bus transportation under section 5311(f) of 
title 49, United States Code, and such other terms and conditions as are 
determined necessary by the Secretary.
    (h) Limitation on Uses of Funds.--A grant made under this section 
may not be used to make any State or local government cost-sharing 
contribution under any other Federal law.
    (i) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary and on the use of such grant 
funds.
    (j) Consultation.--In carrying out this section, the Secretary shall 
consult with over-the-road bus operators and nonprofit employee labor 
organizations representing over-the-road bus employees, public safety 
and law enforcement officials.
    (k) Authorization.--
            (1) In general.--From the amounts appropriated pursuant to 
        section 114(w) of title 49, United States Code, as amended by 
        section 1503 of this Act, there shall be made available to the 
        Secretary to make grants under this section--
                    (A) $12,000,000 for fiscal year 2008;
                    (B) $25,000,000 for fiscal year 2009;
                    (C) $25,000,000 for fiscal year 2010; and
                    (D) $25,000,000 for fiscal year 2011.

[[Page 121 STAT. 460]]

            (2) Period of availability.--Sums appropriated to carry out 
        this section shall remain available until expended.
SEC. 1533. <<NOTE: 6 USC 1183.>> OVER-THE-ROAD BUS EXERCISES.

    (a) In General.--The Secretary shall establish a program for 
conducting security exercises for over-the-road bus transportation for 
the purpose of assessing and improving the capabilities of entities 
described in subsection (b) to prevent, prepare for, mitigate, respond 
to, and recover from acts of terrorism.
    (b) Covered Entities.--Entities to be assessed under the program 
shall include--
            (1) Federal, State, and local agencies and tribal 
        governments;
            (2) over-the-road bus operators and over-the-road bus 
        terminal owners and operators;
            (3) governmental and nongovernmental emergency response 
        providers and law enforcement agencies; and
            (4) any other organization or entity that the Secretary 
        determines appropriate.

    (c) Requirements.--The Secretary shall ensure that the program--
            (1) consolidates existing security exercises for over-the-
        road bus operators and terminals administered by the Department 
        and the Department of Transportation, as jointly determined by 
        the Secretary and the Secretary of Transportation, unless the 
        Secretary waives this consolidation requirement, as appropriate;
            (2) consists of exercises that are--
                    (A) scaled and tailored to the needs of the over-
                the-road bus operators and terminals, including 
                addressing the needs of the elderly and individuals with 
                disabilities;
                    (B) live, in the case of the most at-risk facilities 
                to a terrorist attack;
                    (C) coordinated with appropriate officials;
                    (D) as realistic as practicable and based on current 
                risk assessments, including credible threats, 
                vulnerabilities, and consequences;
                    (E) inclusive, as appropriate, of over-the-road bus 
                frontline employees; and
                    (F) consistent with the National Incident Management 
                System, the National Response Plan, the National 
                Infrastructure Protection Plan, the National 
                Preparedness Guidance, the National Preparedness Goal, 
                and other such national initiatives;
            (3) provides that exercises described in paragraph (2) will 
        be--
                    (A) evaluated by the Secretary against clear and 
                consistent performance measures;
                    (B) assessed by the Secretary to identify best 
                practices, which shall be shared, as appropriate, with 
                operators providing over-the-road bus transportation, 
                nonprofit employee organizations that represent over-
                the-road bus employees, Federal, State, local, and 
                tribal officials, governmental and nongovernmental 
                emergency response providers, and law enforcement 
                personnel; and
                    (C) used to develop recommendations, as appropriate, 
                provided to over-the-road bus operators and terminal

[[Page 121 STAT. 461]]

                owners and operators on remedial action to be taken in 
                response to lessons learned;
            (4) allows for proper advanced notification of communities 
        and local governments in which exercises are held, as 
        appropriate; and
            (5) assists State, local, and tribal governments and over-
        the-road bus operators and terminal owners and operators in 
        designing, implementing, and evaluating additional exercises 
        that conform to the requirements of paragraph (2).

    (d) National Exercise Program.--The Secretary shall ensure that the 
exercise program developed under subsection (c) is consistent with the 
National Exercise Program established under section 648 of the Post 
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C. 
748).
SEC. 1534. <<NOTE: 6 USC 1184.>> OVER-THE-ROAD BUS SECURITY 
                          TRAINING PROGRAM.

    (a) In General.--Not <<NOTE: Deadline. Regulations.>> later than 6 
months after the date of enactment of this Act, the Secretary shall 
develop and issue regulations for an over-the-road bus training program 
to prepare over-the-road bus frontline employees for potential security 
threats and conditions. The regulations shall take into consideration 
any current security training requirements or best practices.

    (b) Consultation.--The Secretary shall develop regulations under 
subsection (a) in consultation with--
            (1) appropriate law enforcement, fire service, emergency 
        response, security, and terrorism experts;
            (2) operators providing over-the-road bus transportation; 
        and
            (3) nonprofit employee labor organizations representing 
        over-the-road bus employees and emergency response personnel.

    (c) Program Elements.--The regulations developed under subsection 
(a) shall require security training programs, to include, at a minimum, 
elements to address the following, as applicable:
            (1) Determination of the seriousness of any occurrence or 
        threat.
            (2) Driver and passenger communication and coordination.
            (3) Appropriate responses to defend or protect oneself.
            (4) Use of personal and other protective equipment.
            (5) Evacuation procedures for passengers and over-the-road 
        bus employees, including individuals with disabilities and the 
        elderly.
            (6) Psychology, behavior, and methods of terrorists, 
        including observation and analysis.
            (7) Training related to psychological responses to terrorist 
        incidents, including the ability to cope with hijacker behavior 
        and passenger responses.
            (8) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
            (9) Recognition and reporting of dangerous substances, 
        suspicious packages, and situations.
            (10) Understanding security incident procedures, including 
        procedures for communicating with emergency response providers 
        and for on-scene interaction with such emergency response 
        providers.
            (11) Operation and maintenance of security equipment and 
        systems.

[[Page 121 STAT. 462]]

            (12) Other security training activities that the Secretary 
        considers appropriate.

    (d) Required <<NOTE: Deadlines.>> Programs.--
            (1) Development and submission to secretary.--Not later than 
        90 days after the Secretary issues the regulations under 
        subsection (a), each over-the-road bus operator shall develop a 
        security training program in accordance with such regulations 
        and submit the program to the Secretary for approval.
            (2) Approval.--Not later than 60 days after receiving a 
        security training program under this subsection, the Secretary 
        shall approve the program or require the over-the-road bus 
        operator that developed the program to make any revisions to the 
        program that the Secretary considers necessary for the program 
        to meet the requirements of the regulations. An over-the-road 
        bus operator shall respond to the Secretary's comments not later 
        than 30 days after receiving them.
            (3) Training.--Not later than 1 year after the Secretary 
        approves a security training program in accordance with this 
        subsection, the over-the-road bus operator that developed the 
        program shall complete the training of all over-the-road bus 
        frontline employees who were hired by the operator more than 30 
        days preceding such date. For such employees employed less than 
        30 days by an operator preceding such date, training shall be 
        completed within the first 60 days of employment.
            (4) Updates of regulations and program revisions.--The 
        Secretary shall periodically review and update, as appropriate, 
        the training regulations issued under subsection (a) to reflect 
        new or changing security threats. Each over-the-road bus 
        operator shall revise its training program accordingly and 
        provide additional training as necessary to its employees within 
        a reasonable time after the regulations are updated.

    (e) National Training Program.--The Secretary shall ensure that the 
training program developed under subsection (a) is a component of the 
National Training Program established under section 648 of the Post 
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C. 
748).
    (f) Reporting Requirements.--Not later than 2 years after the date 
of regulation issuance, the Secretary shall review implementation of the 
training program of a representative sample of over-the-road bus 
operators and over-the-road bus frontline employees, and report to the 
appropriate congressional committees of such reviews. The Secretary may 
submit the report in both classified and redacted formats as necessary.
SEC. 1535. <<NOTE: 6 USC 1185.>> OVER-THE-ROAD BUS SECURITY 
                          RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary, acting through the Under Secretary for Science and Technology 
and the Administrator of the Transportation Security Administration, 
shall carry out a research and development program for the purpose of 
improving the security of over-the-road buses.
    (b) Eligible Projects.--The research and development program may 
include projects--
            (1) to reduce the vulnerability of over-the-road buses, 
        stations, terminals, and equipment to explosives and hazardous

[[Page 121 STAT. 463]]

        chemical, biological, and radioactive substances, including the 
        development of technology to screen passengers in large numbers 
        with minimal interference and disruption;
            (2) to test new emergency response and recovery techniques 
        and technologies, including those used at international borders;
            (3) to develop improved technologies, including those for--
                    (A) emergency response training, including training 
                in a tunnel environment, if appropriate; and
                    (B) security and redundancy for critical 
                communications, electrical power, computer, and over-
                the-road bus control systems; and
            (4) to address other vulnerabilities and risks identified by 
        the Secretary.

    (c) Coordination With Other Research Initiatives.--The Secretary--
            (1) shall ensure that the research and development program 
        is consistent with the other transportation security research 
        and development programs required by this Act;
            (2) shall, to the extent practicable, coordinate the 
        research and development activities of the Department with other 
        ongoing research and development security-related initiatives, 
        including research being conducted by--
                    (A) the Department of Transportation, including 
                University Transportation Centers and other institutes, 
                centers, and simulators funded by the Department of 
                Transportation;
                    (B) the National Academy of Sciences;
                    (C) the Technical Support Working Group;
                    (D) other Federal departments and agencies; and
                    (E) other Federal and private research laboratories, 
                research entities, and institutions of higher education, 
                including Historically Black Colleges and Universities, 
                Hispanic Serving Institutions, and Indian Tribally 
                Controlled Colleges and Universities;
            (3) shall carry out any research and development project 
        authorized by this section through a reimbursable agreement with 
        an appropriate Federal agency, if the agency--
                    (A) is currently sponsoring a research and 
                development project in a similar area; or
                    (B) has a unique facility or capability that would 
                be useful in carrying out the project;
            (4) may award grants and enter into cooperative agreements, 
        contracts, other transactions, or reimbursable agreements to the 
        entities described in paragraph (2) and eligible recipients 
        under section 1532; and
            (5) shall make reasonable efforts to enter into memoranda of 
        understanding, contracts, grants, cooperative agreements, or 
        other transactions with private operators providing over-the-
        road bus transportation willing to contribute assets, physical 
        space, and other resources.

    (d) Privacy and Civil Rights and Civil Liberties Issues.--
            (1) Consultation.--In carrying out research and development 
        projects under this section, the Secretary shall consult with 
        the Chief Privacy Officer of the Department and the Officer for 
        Civil Rights and Civil Liberties of the Department as 
        appropriate and in accordance with section 222 of the Homeland 
        Security Act of 2002.

[[Page 121 STAT. 464]]

            (2) Privacy impact assessments.--In accordance with sections 
        222 and 705 of the Homeland Security Act of 2002, the Chief 
        Privacy Officer shall conduct privacy impact assessments and the 
        Officer for Civil Rights and Civil Liberties shall conduct 
        reviews, as appropriate, for research and development 
        initiatives developed under this section that the Secretary 
        determines could have an impact on privacy, civil rights, or 
        civil liberties.

    (e) Authorization of Appropriations.--
            (1) In general.--From the amounts appropriated pursuant to 
        section 114(w) of title 49, United States Code, as amended by 
        section 1503 of this Act, there shall be made available to the 
        Secretary to carry out this section--
                    (A) $2,000,000 for fiscal year 2008;
                    (B) $2,000,000 for fiscal year 2009;
                    (C) $2,000,000 for fiscal year 2010; and
                    (D) $2,000,000 for fiscal year 2011.
            (2) Period of availability.--Such sums shall remain 
        available until expended.
SEC. 1536. MOTOR CARRIER EMPLOYEE PROTECTIONS.

    Section 31105 of title 49, United States Code, is amended to read:
    ``(a) Prohibitions.--(1) A person may not discharge an employee, or 
discipline or discriminate against an employee regarding pay, terms, or 
privileges of employment, because--
            ``(A)(i) the employee, or another person at the employee's 
        request, has filed a complaint or begun a proceeding related to 
        a violation of a commercial motor vehicle safety or security 
        regulation, standard, or order, or has testified or will testify 
        in such a proceeding; or
            ``(ii) the person perceives that the employee has filed or 
        is about to file a complaint or has begun or is about to begin a 
        proceeding related to a violation of a commercial motor vehicle 
        safety or security regulation, standard, or order;
            ``(B) the employee refuses to operate a vehicle because--
                    ``(i) the operation violates a regulation, standard, 
                or order of the United States related to commercial 
                motor vehicle safety, health, or security; or
                    ``(ii) the employee has a reasonable apprehension of 
                serious injury to the employee or the public because of 
                the vehicle's hazardous safety or security condition;
            ``(C) the employee accurately reports hours on duty pursuant 
        to chapter 315;
            ``(D) the employee cooperates, or the person perceives that 
        the employee is about to cooperate, with a safety or security 
        investigation by the Secretary of Transportation, the Secretary 
        of Homeland Security, or the National Transportation Safety 
        Board; or
            ``(E) the employee furnishes, or the person perceives that 
        the employee is or is about to furnish, information to the 
        Secretary of Transportation, the Secretary of Homeland Security, 
        the National Transportation Safety Board, or any Federal, State, 
        or local regulatory or law enforcement agency as to the facts 
        relating to any accident or incident resulting in injury or 
        death to an individual or damage to property occurring in 
        connection with commercial motor vehicle transportation.

[[Page 121 STAT. 465]]

    ``(2) Under paragraph (1)(B)(ii) of this subsection, an employee's 
apprehension of serious injury is reasonable only if a reasonable 
individual in the circumstances then confronting the employee would 
conclude that the hazardous safety or security condition establishes a 
real danger of accident, injury, or serious impairment to health. To 
qualify for protection, the employee must have sought from the employer, 
and been unable to obtain, correction of the hazardous safety or 
security condition.
    ``(b) Filing Complaints and Procedures.--(1) <<NOTE: Deadlines.>> An 
employee alleging discharge, discipline, or discrimination in violation 
of subsection (a) of this section, or another person at the employee's 
request, may file a complaint with the Secretary of Labor not later than 
180 days after the alleged violation occurred. All complaints initiated 
under this section shall be governed by the legal burdens of proof set 
forth in section 42121(b). <<NOTE: Notification.>> On receiving the 
complaint, the Secretary of Labor shall notify, in writing, the person 
alleged to have committed the violation of the filing of the complaint.

    ``(2)(A) <<NOTE: Investigation. Notification.>> Not later than 60 
days after receiving a complaint, the Secretary of Labor shall conduct 
an investigation, decide whether it is reasonable to believe the 
complaint has merit, and notify, in writing, the complainant and the 
person alleged to have committed the violation of the findings. If the 
Secretary of Labor decides it is reasonable to believe a violation 
occurred, the Secretary of Labor shall include with the decision 
findings and a preliminary order for the relief provided under paragraph 
(3) of this subsection.

    ``(B) Not later than 30 days after the notice under subparagraph (A) 
of this paragraph, the complainant and the person alleged to have 
committed the violation may file objections to the findings or 
preliminary order, or both, and request a hearing on the record. The 
filing of objections does not stay a reinstatement ordered in the 
preliminary order. If a hearing is not requested within the 30 days, the 
preliminary order is final and not subject to judicial review.
    ``(C) A hearing shall be conducted expeditiously. Not later than 120 
days after the end of the hearing, the Secretary of Labor shall issue a 
final order. Before the final order is issued, the proceeding may be 
ended by a settlement agreement made by the Secretary of Labor, the 
complainant, and the person alleged to have committed the violation.
    ``(3)(A) If the Secretary of Labor decides, on the basis of a 
complaint, a person violated subsection (a) of this section, the 
Secretary of Labor shall order the person to--
                    ``(i) take affirmative action to abate the 
                violation;
                    ``(ii) reinstate the complainant to the former 
                position with the same pay and terms and privileges of 
                employment; and
                    ``(iii) pay compensatory damages, including backpay 
                with interest and compensation for any special damages 
                sustained as a result of the discrimination, including 
                litigation costs, expert witness fees, and reasonable 
                attorney fees.

    ``(B) If the Secretary of Labor issues an order under subparagraph 
(A) of this paragraph and the complainant requests, the Secretary of 
Labor may assess against the person against whom the order is issued the 
costs (including attorney fees) reasonably

[[Page 121 STAT. 466]]

incurred by the complainant in bringing the complaint. The Secretary of 
Labor shall determine the costs that reasonably were incurred.
    ``(C) Relief in any action under subsection (b) may include punitive 
damages in an amount not to exceed $250,000.
    ``(c) De Novo Review.--With <<NOTE: Deadline.>> respect to a 
complaint under paragraph (1), if the Secretary of Labor has not issued 
a final decision within 210 days after the filing of the complaint and 
if the delay is not due to the bad faith of the employee, the employee 
may bring an original action at law or equity for de novo review in the 
appropriate district court of the United States, which shall have 
jurisdiction over such an action without regard to the amount in 
controversy, and which action shall, at the request of either party to 
such action, be tried by the court with a jury.

    ``(d) Judicial Review and Venue.--A <<NOTE: Deadline.>> person 
adversely affected by an order issued after a hearing under subsection 
(b) of this section may file a petition for review, not later than 60 
days after the order is issued, in the court of appeals of the United 
States for the circuit in which the violation occurred or the person 
resided on the date of the violation. Review shall conform to chapter 7 
of title 5. The review shall be heard and decided expeditiously. An 
order of the Secretary of Labor subject to review under this subsection 
is not subject to judicial review in a criminal or other civil 
proceeding.

    ``(e) Civil Actions to Enforce.--If a person fails to comply with an 
order issued under subsection (b) of this section, the Secretary of 
Labor shall bring a civil action to enforce the order in the district 
court of the United States for the judicial district in which the 
violation occurred.
    ``(f) No Preemption.--Nothing in this section preempts or diminishes 
any other safeguards against discrimination, demotion, discharge, 
suspension, threats, harassment, reprimand, retaliation, or any other 
manner of discrimination provided by Federal or State law.
    ``(g) Rights Retained by Employee.--Nothing in this section shall be 
deemed to diminish the rights, privileges, or remedies of any employee 
under any Federal or State law or under any collective bargaining 
agreement. The rights and remedies in this section may not be waived by 
any agreement, policy, form, or condition of employment.
    ``(h) Disclosure of Identity.--
            ``(1) Except as provided in paragraph (2) of this 
        subsection, or with the written consent of the employee, the 
        Secretary of Transportation or the Secretary of Homeland 
        Security may not disclose the name of an employee who has 
        provided information about an alleged violation of this part, or 
        a regulation prescribed or order issued under any of those 
        provisions.
            ``(2) The Secretary of Transportation or the Secretary of 
        Homeland Security shall disclose to the Attorney General the 
        name of an employee described in paragraph (1) of this 
        subsection if the matter is referred to the Attorney General for 
        enforcement. The Secretary making such disclosure shall provide 
        reasonable advance notice to the affected employee if disclosure 
        of that person's identity or identifying information is to 
        occur.

    ``(i) Process for Reporting Security Problems to the Department of 
Homeland Security.--

[[Page 121 STAT. 467]]

            ``(1) Establishment of process.--
        The <<NOTE: Regulations. Notice.>> Secretary of Homeland 
        Security shall establish through regulations, after an 
        opportunity for notice and comment, a process by which any 
        person may report to the Secretary of Homeland Security 
        regarding motor carrier vehicle security problems, deficiencies, 
        or vulnerabilities.
            ``(2) Acknowledgment of receipt.--If a report submitted 
        under paragraph (1) identifies the person making the report, the 
        Secretary of Homeland Security shall respond promptly to such 
        person and acknowledge receipt of the report.
            ``(3) Steps to address problem.--The Secretary of Homeland 
        Security shall review and consider the information provided in 
        any report submitted under paragraph (1) and shall take 
        appropriate steps to address any problems or deficiencies 
        identified.

    ``(j) Definition.--In this section, `employee' means a driver of a 
commercial motor vehicle (including an independent contractor when 
personally operating a commercial motor vehicle), a mechanic, a freight 
handler, or an individual not an employer, who--
            ``(1) directly affects commercial motor vehicle safety or 
        security in the course of employment by a commercial motor 
        carrier; and
            ``(2) is not an employee of the United States Government, a 
        State, or a political subdivision of a State acting in the 
        course of employment.''.
SEC. 1537. UNIFIED CARRIER REGISTRATION SYSTEM AGREEMENT.

    (a) Reenactment of SSRS.--Section <<NOTE: Effective 
date. Termination date. 49 USC 14504 note.>> 14504 of title 49, United 
States Code, as that section was in effect on December 31, 2006, shall 
be in effect as a law of the United States for the period beginning on 
January 1, 2007, ending on the earlier of January 1, 2008, or the 
effective date of the final regulations issued pursuant to subsection 
(b).

    (b) Deadline for Final Regulations.--Not <<NOTE: 49 USC 13908 
note.>> later than October 1, 2007, the Federal Motor Carrier Safety 
Administration shall issue final regulations to establish the Unified 
Carrier Registration System, as required by section 13908 of title 49, 
United States Code, and set fees for the unified carrier registration 
agreement for calendar year 2007 or subsequent calendar years to be 
charged to motor carriers, motor private carriers, and freight 
forwarders under such agreement, as required by 14504a of title 49, 
United States Code.

    (c) Repeal of SSRS.--Section 4305(a) of the Safe, Accountable, 
Flexible Efficient Transportation Equity Act: A Legacy for Users (119 
Stat. 1764) is amended <<NOTE: 49 USC 14504 note.>> by striking ``the 
first January'' and all that follows through ``this Act'' and inserting 
``January 1, 2008''.
SEC. 1538. SCHOOL BUS TRANSPORTATION SECURITY.

    (a) School Bus Security Risk Assessment.--
Not <<NOTE: Reports. Deadline. Classified information.>> later than 1 
year after the date of enactment of this Act, the Secretary shall 
transmit to the appropriate congressional committees a report, including 
a classified report, as appropriate, containing a comprehensive 
assessment of the risk of a terrorist attack on the Nation's school bus 
transportation system in accordance with the requirements of this 
section.

    (b) Contents of Risk Assessment.--The assessment shall include--

[[Page 121 STAT. 468]]

            (1) an assessment of security risks to the Nation's school 
        bus transportation system, including publicly and privately 
        operated systems;
            (2) an assessment of actions already taken by operators or 
        others to address identified security risks; and
            (3) an assessment of whether additional actions and 
        investments are necessary to improve the security of passengers 
        traveling on school buses and a list of such actions or 
        investments, if appropriate.

    (c) Consultation.--In conducting the risk assessment, the Secretary 
shall consult with administrators and officials of school systems, 
representatives of the school bus industry, including both publicly and 
privately operated systems, public safety and law enforcement officials, 
and nonprofit employee labor organizations representing school bus 
drivers.
SEC. 1539. TECHNICAL AMENDMENT.

    Section 1992(d)(7) of title 18, United States Code, is amended by 
inserting ``intercity bus transportation'' after ``includes''.
SEC. 1540. TRUCK SECURITY ASSESSMENT.

    (a) Definition.--For the purposes of this section, the term 
``truck'' means any self-propelled or towed motor vehicle used on a 
highway in interstate commerce to transport property when the vehicle--
            (1) has a gross vehicle weight rating or gross combination 
        weight rating, or gross vehicle weight or gross combination 
        weight, of 4,536 kg (10,001 pounds) or more, whichever is 
        greater; or
            (2) is used in transporting material found by the Secretary 
        of Transportation to be hazardous under section 5103 of title 
        49, United States Code, and transported in a quantity requiring 
        placarding under regulations prescribed by the Secretary under 
        subtitle B, chapter I, subchapter C of title 49, Code of Federal 
        Regulations.

    (b) In General.--Not <<NOTE: Deadline. Reports.>> later than 1 year 
after the date of enactment of this Act, the Secretary, in coordination 
with the Secretary of Transportation, shall transmit a report to the 
appropriate congressional committees on truck security issues that 
includes--
            (1) a security risk assessment of the trucking industry;
            (2) an assessment of actions already taken by both public 
        and private entities to address identified security risks;
            (3) an assessment of the economic impact that security 
        upgrades of trucks, truck equipment, or truck facilities may 
        have on the trucking industry and its employees, including 
        independent owner-operators;
            (4) an assessment of ongoing research by public and private 
        entities and the need for additional research on truck security;
            (5) an assessment of industry best practices to enhance 
        security; and
            (6) an assessment of the current status of secure truck 
        parking.

    (c) Format.--The Secretary may submit the report in both classified 
and redacted formats if the Secretary determines that such action is 
appropriate or necessary.

[[Page 121 STAT. 469]]

SEC. 1541. <<NOTE: Deadline. 6 USC 1186.>> MEMORANDUM OF 
                          UNDERSTANDING ANNEX.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation and the Secretary shall execute and develop 
an annex to the Memorandum of Understanding between the two departments 
signed on September 28, 2004, governing the specific roles, delineations 
of responsibilities, resources, and commitments of the Department of 
Transportation and the Department of Homeland Security, respectively, in 
addressing motor carrier transportation security matters, including 
over-the-road bus security matters, and shall cover the processes the 
Departments will follow to promote communications, efficiency, and 
nonduplication of effort.
SEC. 1542. DHS INSPECTOR GENERAL REPORT ON TRUCKING SECURITY GRANT 
                          PROGRAM.

    (a) Initial Report.--Not later than 90 days after the date of 
enactment of this Act, the Inspector General of the Department of 
Homeland Security shall submit a report to the appropriate congressional 
committees on the Federal trucking industry security grant program, for 
fiscal years 2004 and 2005 that--
            (1) addresses the grant announcement, application, receipt, 
        review, award, monitoring, and closeout processes; and
            (2) states the amount obligated or expended under the 
        program for fiscal years 2004 and 2005 for--
                    (A) infrastructure protection;
                    (B) training;
                    (C) equipment;
                    (D) educational materials;
                    (E) program administration;
                    (F) marketing; and
                    (G) other functions.

    (b) Subsequent Report.--Not later than 1 year after the date of 
enactment of this Act, the Inspector General of the Department of 
Homeland Security shall submit a report to the appropriate congressional 
committees that--
            (1) analyzes the performance, efficiency, and effectiveness 
        of the Federal trucking industry security grant program, and the 
        need for the program using all years of available data; and
            (2) makes recommendations regarding the future of the 
        program, including options to improve the effectiveness and 
        utility of the program and motor carrier security.

          Subtitle D--Hazardous Material and Pipeline Security

SEC. 1551. <<NOTE: 6 USC 1201.>> RAILROAD ROUTING OF SECURITY-
                          SENSITIVE MATERIALS.

    (a) In General.--Not <<NOTE: Deadline. Regulations.>> later than 9 
months after the date of enactment of this Act, the Secretary of 
Transportation, in consultation with the Secretary, shall publish a 
final rule based on the Pipeline and Hazardous Materials Safety 
Administration's Notice of Proposed Rulemaking published on December 21, 
2006, entitled ``Hazardous Materials: Enhancing Railroad Transportation 
Safety and Security for Hazardous Materials Shipments''. The final rule 


[[Page 121 STAT. 470]]

shall incorporate the requirements of this section and, as appropriate, 
public comments received during the comment period of the rulemaking.
    (b) Security-Sensitive Materials <<NOTE: Deadline.>> Commodity 
Data.--The Secretary of Transportation shall ensure that the final rule 
requires each railroad carrier transporting security-sensitive materials 
in commerce to, no later than 90 days after the end of each calendar 
year, compile security-sensitive materials commodity data. Such data 
must be collected by route, line segment, or series of line segments, as 
aggregated by the railroad carrier. Within the railroad carrier selected 
route, the commodity data must identify the geographic location of the 
route and the total number of shipments by the United Nations 
identification number for the security-sensitive materials.

    (c) Railroad Transportation Route Analysis for Security-Sensitive 
Materials.--The Secretary of Transportation shall ensure that the final 
rule requires each railroad carrier transporting security-sensitive 
materials in commerce to, for each calendar year, provide a written 
analysis of the safety and security risks for the transportation routes 
identified in the security-sensitive materials commodity data collected 
as required by subsection (b). The safety and security risks present 
shall be analyzed for the route, railroad facilities, railroad storage 
facilities, and high-consequence targets along or in proximity to the 
route.
    (d) Alternative Route Analysis for Security-Sensitive Materials.--
The Secretary of Transportation shall ensure that the final rule 
requires each railroad carrier transporting security-sensitive materials 
in commerce to--
            (1) for each calendar year--
                    (A) identify practicable alternative routes over 
                which the railroad carrier has authority to operate as 
                compared to the current route for such a shipment 
                analyzed under subsection (c); and
                    (B) perform a safety and security risk assessment of 
                the alternative route for comparison to the route 
                analysis specified in subsection (c);
            (2) ensure that the analysis under paragraph (1) includes--
                    (A) identification of safety and security risks for 
                an alternative route;
                    (B) comparison of those risks identified under 
                subparagraph (A) to the primary railroad transportation 
                route, including the risk of a catastrophic release from 
                a shipment traveling along the alternate route compared 
                to the primary route;
                    (C) any remediation or mitigation measures 
                implemented on the primary or alternative route; and
                    (D) potential economic effects of using an 
                alternative route; and
            (3) consider when determining the practicable alternative 
        routes under paragraph (1)(A) the use of interchange agreements 
        with other railroad carriers.

    (e) Alternative Route Selection for Security-Sensitive Materials.--
The Secretary of Transportation shall ensure that the final rule 
requires each railroad carrier transporting security-sensitive materials 
in commerce to use the analysis required by subsections (c) and (d) to 
select the safest and most secure route to be used in transporting 
security-sensitive materials.

[[Page 121 STAT. 471]]

    (f) Review.--The Secretary of Transportation shall ensure that the 
final rule requires each railroad carrier transporting security-
sensitive materials in commerce to annually review and select the 
practicable route posing the least overall safety and security risk in 
accordance with this section. The railroad carrier must retain in 
writing all route review and selection decision documentation and 
restrict the distribution, disclosure, and availability of information 
contained in the route analysis to appropriate persons. This 
documentation should include, but is not limited to, comparative 
analyses, charts, graphics, or railroad system maps.
    (g) Retrospective Analysis.--The Secretary of Transportation shall 
ensure that the final rule requires each railroad carrier transporting 
security-sensitive materials in commerce to, not less than once every 3 
years, analyze the route selection determinations required under this 
section. Such an analysis shall include a comprehensive, systemwide 
review of all operational changes, infrastructure modifications, traffic 
adjustments, changes in the nature of high-consequence targets located 
along or in proximity to the route, or other changes affecting the 
safety and security of the movements of security-sensitive materials 
that were implemented since the previous analysis was completed.
    (h) Consultation.--In carrying out subsection (c), railroad carriers 
transporting security-sensitive materials in commerce shall seek 
relevant information from State, local, and tribal officials, as 
appropriate, regarding security risks to high-consequence targets along 
or in proximity to a route used by a railroad carrier to transport 
security-sensitive materials.
    (i) Definitions.--In this section:
            (1) The term ``route'' includes storage facilities and 
        trackage used by railroad cars in transportation in commerce.
            (2) The term ``high-consequence target'' means a property, 
        natural resource, location, area, or other target designated by 
        the Secretary that is a viable terrorist target of national 
        significance, which may include a facility or specific critical 
        infrastructure, the attack of which by railroad could result 
        in--
                    (A) catastrophic loss of life;
                    (B) significant damage to national security or 
                defense capabilities; or
                    (C) national economic harm.
SEC. 1552. <<NOTE: 6 USC 1202.>> RAILROAD SECURITY-SENSITIVE 
                          MATERIAL TRACKING.

    (a) Communications.--
            (1) In general.--In conjunction with the research and 
        development program established under section 1518 and 
        consistent with the results of research relating to wireless and 
        other tracking technologies, the Secretary, in consultation with 
        the Administrator of the Transportation Security Administration, 
        shall develop a program that will encourage the equipping of 
        railroad cars transporting security-sensitive materials, as 
        defined in section 1501, with technology that provides--
                    (A) car position location and tracking capabilities; 
                and
                    (B) notification of railroad car depressurization, 
                breach, unsafe temperature, or release of hazardous 
                materials, as appropriate.
            (2) Coordination.--In developing the program required by 
        paragraph (1), the Secretary shall--

[[Page 121 STAT. 472]]

                    (A) consult with the Secretary of Transportation to 
                coordinate the program with any ongoing or planned 
                efforts for railroad car tracking at the Department of 
                Transportation; and
                    (B) ensure that the program is consistent with 
                recommendations and findings of the Department of 
                Homeland Security's hazardous material railroad tank car 
                tracking pilot programs.

    (b) Funding.--From the amounts appropriated pursuant to 114(w) of 
title 49, United States Code, as amended by section 1503 of this title, 
there shall be made available to the Secretary to carry out this 
section--
            (1) $3,000,000 for fiscal year 2008;
            (2) $3,000,000 for fiscal year 2009; and
            (3) $3,000,000 for fiscal year 2010.
SEC. 1553. <<NOTE: Deadlines. 6 USC 1203.>> HAZARDOUS MATERIALS 
                          HIGHWAY ROUTING.

    (a) Route Plan Guidance.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Secretary, shall--
            (1) document existing and proposed routes for the 
        transportation of radioactive and nonradioactive hazardous 
        materials by motor carrier, and develop a framework for using a 
        geographic information system-based approach to characterize 
        routes in the national hazardous materials route registry;
            (2) assess and characterize existing and proposed routes for 
        the transportation of radioactive and nonradioactive hazardous 
        materials by motor carrier for the purpose of identifying 
        measurable criteria for selecting routes based on safety and 
        security concerns;
            (3) analyze current route-related hazardous materials 
        regulations in the United States, Canada, and Mexico to identify 
        cross-border differences and conflicting regulations;
            (4) document the safety and security concerns of the public, 
        motor carriers, and State, local, territorial, and tribal 
        governments about the highway routing of hazardous materials;
            (5) prepare guidance materials for State officials to assist 
        them in identifying and reducing both safety concerns and 
        security risks when designating highway routes for hazardous 
        materials consistent with the 13 safety-based nonradioactive 
        materials routing criteria and radioactive materials routing 
        criteria in subpart C part 397 of title 49, Code of Federal 
        Regulations;
            (6) develop a tool that will enable State officials to 
        examine potential routes for the highway transportation of 
        hazardous materials, assess specific security risks associated 
        with each route, and explore alternative mitigation measures; 
        and
            (7) <<NOTE: Reports.>> transmit to the appropriate 
        congressional committees a report on the actions taken to 
        fulfill paragraphs (1) through (6) and any recommended changes 
        to the routing requirements for the highway transportation of 
        hazardous materials in part 397 of title 49, Code of Federal 
        Regulations.

    (b) Route Plans.--
            (1) Assessment.--Not <<NOTE: Deadline.>> later than 1 year 
        after the date of enactment of this Act, the Secretary of 
        Transportation shall complete an assessment of the safety and 
        national security benefits achieved under existing requirements 
        for route plans, 


[[Page 121 STAT. 473]]

        in written or electronic format, for explosives and radioactive 
        materials. The assessment shall, at a minimum--
                    (A) compare the percentage of Department of 
                Transportation recordable incidents and the severity of 
                such incidents for shipments of explosives and 
                radioactive materials for which such route plans are 
                required with the percentage of recordable incidents and 
                the severity of such incidents for shipments of 
                explosives and radioactive materials not subject to such 
                route plans; and
                    (B) quantify the security and safety benefits, 
                feasibility, and costs of requiring each motor carrier 
                that is required to have a hazardous material safety 
                permit under part 385 of title 49, Code of Federal 
                Regulations, to maintain, follow, and carry such a route 
                plan that meets the requirements of section 397.101 of 
                that title when transporting the type and quantity of 
                hazardous materials described in section 385.403, taking 
                into account the various segments of the motor carrier 
                industry, including tank truck, truckload and less than 
                truckload carriers.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        submit a report to the appropriate congressional committees 
        containing the findings and conclusions of the assessment.

    (c) Requirement.--The Secretary shall require motor carriers that 
have a hazardous material safety permit under part 385 of title 49, Code 
of Federal Regulations, to maintain, follow, and carry a route plan, in 
written or electronic format, that meets the requirements of section 
397.101 of that title when transporting the type and quantity of 
hazardous materials described in section 385.403 if the Secretary 
determines, under the assessment required in subsection (b), that such a 
requirement would enhance security and safety without imposing 
unreasonable costs or burdens upon motor carriers.
SEC. 1554. <<NOTE: 6 USC 1204.>> MOTOR CARRIER SECURITY-SENSITIVE 
                          MATERIAL TRACKING.

    (a) Communications.--
            (1) In general.--Not <<NOTE: Deadline.>> later than 6 months 
        after the date of enactment of this Act, consistent with the 
        findings of the Transportation Security Administration's 
        hazardous materials truck security pilot program, the Secretary, 
        through the Administrator of the Transportation Security 
        Administration and in consultation with the Secretary of 
        Transportation, shall develop a program to facilitate the 
        tracking of motor carrier shipments of security-sensitive 
        materials and to equip vehicles used in such shipments with 
        technology that provides--
                    (A) frequent or continuous communications;
                    (B) vehicle position location and tracking 
                capabilities; and
                    (C) a feature that allows a driver of such vehicles 
                to broadcast an emergency distress signal.
            (2) Considerations.--In developing the program required by 
        paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of Transportation to 
                coordinate the program with any ongoing or planned 
                efforts for motor carrier or security-sensitive 
                materials tracking at the Department of Transportation;

[[Page 121 STAT. 474]]

                    (B) take into consideration the recommendations and 
                findings of the report on the hazardous material safety 
                and security operational field test released by the 
                Federal Motor Carrier Safety Administration on November 
                11, 2004; and
                    (C) evaluate--
                          (i) any new information related to the costs 
                      and benefits of deploying, equipping, and 
                      utilizing tracking technology, including portable 
                      tracking technology, for motor carriers 
                      transporting security-sensitive materials not 
                      included in the hazardous material safety and 
                      security operational field test report released by 
                      the Federal Motor Carrier Safety Administration on 
                      November 11, 2004;
                          (ii) the ability of tracking technology to 
                      resist tampering and disabling;
                          (iii) the capability of tracking technology to 
                      collect, display, and store information regarding 
                      the movement of shipments of security-sensitive 
                      materials by commercial motor vehicles;
                          (iv) the appropriate range of contact 
                      intervals between the tracking technology and a 
                      commercial motor vehicle transporting security-
                      sensitive materials;
                          (v) technology that allows the installation by 
                      a motor carrier of concealed electronic devices on 
                      commercial motor vehicles that can be activated by 
                      law enforcement authorities to disable the vehicle 
                      or alert emergency response resources to locate 
                      and recover security-sensitive materials in the 
                      event of loss or theft of such materials;
                          (vi) whether installation of the technology 
                      described in clause (v) should be incorporated 
                      into the program under paragraph (1);
                          (vii) the costs, benefits, and practicality of 
                      such technology described in clause (v) in the 
                      context of the overall benefit to national 
                      security, including commerce in transportation; 
                      and
                          (viii) other systems and information the 
                      Secretary determines appropriate.

    (b) Funding.--From the amounts appropriated pursuant to section 
114(w) of title 49, United States Code, as amended by section 1503 of 
this Act, there shall be made available to the Secretary to carry out 
this section--
            (1) $7,000,000 for fiscal year 2008 of which $3,000,000 may 
        be used for equipment;
            (2) $7,000,000 for fiscal year 2009 of which $3,000,000 may 
        be used for equipment; and
            (3) $7,000,000 for fiscal year 2010 of which $3,000,000 may 
        be used for equipment.

    (c) Report.--Not later than 1 year after the issuance of regulations 
under subsection (a), the Secretary shall issue a report to the 
appropriate congressional committees on the program developed and 
evaluation carried out under this section.
    (d) Limitation.--The Secretary may not mandate the installation or 
utilization of a technology described under this section without 
additional congressional authority provided after the date of enactment 
of this Act.

[[Page 121 STAT. 475]]

SEC. 1555. <<NOTE: 6 USC 1205.>> HAZARDOUS MATERIALS SECURITY 
                          INSPECTIONS AND STUDY.

    (a) In General.--The Secretary of Transportation shall consult with 
the Secretary to limit, to the extent practicable, duplicative reviews 
of the hazardous materials security plans required under part 172, title 
49, Code of Federal Regulations.
    (b) Transportation Costs Study.--Within 1 <<NOTE: Deadline.>> year 
after the date of enactment of this Act, the Secretary of 
Transportation, in conjunction with the Secretary, shall study to what 
extent the insurance, security, and safety costs borne by railroad 
carriers, motor carriers, pipeline carriers, air carriers, and maritime 
carriers associated with the transportation of hazardous materials are 
reflected in the rates paid by offerors of such commodities as compared 
to the costs and rates, respectively, for the transportation of 
nonhazardous materials.
SEC. 1556. TECHNICAL CORRECTIONS.

    (a) Correction.--Section 5103a of title 49, United States Code, is 
amended--
            (1) in subsection (a)(1) by striking ``Secretary'' and 
        inserting ``Secretary of Homeland Security'';
            (2) in subsection (b) by striking ``Secretary'' each place 
        it appears and inserting ``Secretary of Transportation'';
            (3) in subsection (d)(1)(B) by striking ``Secretary'' and 
        inserting ``Secretary of Homeland Security''; and
            (4) in subsection (e) by striking ``Secretary'' and 
        inserting ``Secretary of Homeland Security'' each place it 
        appears.

    (b) Relationship to <<NOTE: 6 USC 1206.>> Transportation Security 
Cards.--
            (1) Background check.--An individual who has a valid 
        transportation employee identification card issued by the 
        Secretary under section 70105 of title 46, United States Code, 
        shall be deemed to have met the background records check 
        required under section 5103a of title 49, United States Code.
            (2) State review.--Nothing in this subsection prevents or 
        preempts a State from conducting a criminal records check of an 
        individual that has applied for a license to operate a motor 
        vehicle transporting in commerce a hazardous material.
SEC. 1557. <<NOTE: Deadlines. 6 USC 1207.>> PIPELINE SECURITY 
                          INSPECTIONS AND ENFORCEMENT.

    (a) In General.--Not later than 9 months after the date of enactment 
of this Act, consistent with the Annex to the Memorandum of 
Understanding executed on August 9, 2006, between the Department of 
Transportation and the Department, the Secretary, in consultation with 
the Secretary of Transportation, shall establish a program for reviewing 
pipeline operator adoption of recommendations of the September 5, 2002, 
Department of Transportation Research and Special Programs 
Administration's Pipeline Security Information Circular, including the 
review of pipeline security plans and critical facility inspections.
    (b) Review and Inspection.--Not later than 12 months after the date 
of enactment of this Act, the Secretary and the Secretary of 
Transportation shall develop and implement a plan for reviewing the 
pipeline security plans and an inspection of the critical facilities of 
the 100 most critical pipeline operators covered by the September 5, 
2002, circular, where such facilities have not been inspected for 
security purposes since September 5, 2002, by either the Department or 
the Department of Transportation.

[[Page 121 STAT. 476]]

    (c) Compliance Review Methodology.--In reviewing pipeline operator 
compliance under subsections (a) and (b), risk assessment methodologies 
shall be used to prioritize risks and to target inspection and 
enforcement actions to the highest risk pipeline assets.
    (d) Regulations.--Not later than 18 months after the date of 
enactment of this Act, the Secretary and the Secretary of Transportation 
shall develop and transmit to pipeline operators security 
recommendations for natural gas and hazardous liquid pipelines and 
pipeline facilities. If the Secretary determines that regulations are 
appropriate, the Secretary shall consult with the Secretary of 
Transportation on the extent of risk and appropriate mitigation 
measures, and the Secretary or the Secretary of Transportation, 
consistent with the Annex to the Memorandum of Understanding executed on 
August 9, 2006, shall promulgate such regulations and carry out 
necessary inspection and enforcement actions. Any regulations shall 
incorporate the guidance provided to pipeline operators by the September 
5, 2002, Department of Transportation Research and Special Programs 
Administration's Pipeline Security Information Circular and contain 
additional requirements as necessary based upon the results of the 
inspections performed under subsection (b). The regulations shall 
include the imposition of civil penalties for noncompliance.
    (e) Funding.--From the amounts appropriated pursuant to section 
114(w) of title 49, United States Code, as amended by section 1503 of 
this Act, there shall be made available to the Secretary to carry out 
this section--
            (1) $2,000,000 for fiscal year 2008;
            (2) $2,000,000 for fiscal year 2009; and
            (3) $2,000,000 for fiscal year 2010.
SEC. 1558. <<NOTE: 6 USC 1208.>> PIPELINE SECURITY AND INCIDENT 
                          RECOVERY PLAN.

    (a) In General.--The Secretary, in consultation with the Secretary 
of Transportation and the Administrator of the Pipeline and Hazardous 
Materials Safety Administration, and in accordance with the Annex to the 
Memorandum of Understanding executed on August 9, 2006, the National 
Strategy for Transportation Security, and Homeland Security Presidential 
Directive-7, shall develop a pipeline security and incident recovery 
protocols plan. The plan shall include--
            (1) for the Government to provide increased security support 
        to the most critical interstate and intrastate natural gas and 
        hazardous liquid transmission pipeline infrastructure and 
        operations as determined under section 1557 when--
                    (A) under severe security threat levels of alert; or
                    (B) under specific security threat information 
                relating to such pipeline infrastructure or operations 
                exists; and
            (2) an incident recovery protocol plan, developed in 
        conjunction with interstate and intrastate transmission and 
        distribution pipeline operators and terminals and facilities 
        operators connected to pipelines, to develop protocols to ensure 
        the continued transportation of natural gas and hazardous 
        liquids to essential markets and for essential public health or 
        national defense uses in the event of an incident affecting the 
        interstate and intrastate natural gas and hazardous liquid 
        transmission and distribution pipeline system, which shall 
        include protocols for restoring essential services supporting 
        pipelines and

[[Page 121 STAT. 477]]

        granting access to pipeline operators for pipeline 
        infrastructure repair, replacement, or bypass following an 
        incident.

    (b) Existing Private and Public Sector Efforts.--The plan shall take 
into account actions taken or planned by both private and public 
entities to address identified pipeline security issues and assess the 
effective integration of such actions.
    (c) Consultation.--In developing the plan under subsection (a), the 
Secretary shall consult with the Secretary of Transportation, interstate 
and intrastate transmission and distribution pipeline operators, 
nonprofit employee organizations representing pipeline employees, 
emergency responders, offerors, State pipeline safety agencies, public 
safety officials, and other relevant parties.
    (d) Report.--
            (1) Contents.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        appropriate congressional committees a report containing the 
        plan required by subsection (a), including an estimate of the 
        private and public sector costs to implement any 
        recommendations.
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines that 
        such action is appropriate or necessary.

                           TITLE XVI--AVIATION

SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND.

    Section 44940 of title 49, United States Code, is amended--
            (1) in subsection (d)(4) by inserting ``, other than 
        subsection (i),'' before ``except to''; and
            (2) by adding at the end the following:

    ``(i) Checkpoint Screening Security Fund.--
            ``(1) Establishment.--There is established in the Department 
        of Homeland Security a fund to be known as the `Checkpoint 
        Screening Security Fund'.
            ``(2) Deposits.--In fiscal year 2008, after amounts are made 
        available under section 44923(h), the next $250,000,000 derived 
        from fees received under subsection (a)(1) shall be available to 
        be deposited in the Fund.
            ``(3) Fees.--The Secretary of Homeland Security shall impose 
        the fee authorized by subsection (a)(1) so as to collect at 
        least $250,000,000 in fiscal year 2008 for deposit into the 
        Fund.
            ``(4) Availability of amounts.--Amounts in the Fund shall be 
        available until expended by the Administrator of the 
        Transportation Security Administration for the purchase, 
        deployment, installation, research, and development of equipment 
        to improve the ability of security screening personnel at 
        screening checkpoints to detect explosives.''.
SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    (a) In General.--Section 44901 of title 49, United States Code, is 
amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following:

[[Page 121 STAT. 478]]

    ``(g) Air Cargo on Passenger Aircraft.--
            ``(1) In general.--Not <<NOTE: Deadline.>> later than 3 
        years after the date of enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, the 
        Secretary of Homeland Security shall establish a system to 
        screen 100 percent of cargo transported on passenger aircraft 
        operated by an air carrier or foreign air carrier in air 
        transportation or intrastate air transportation to ensure the 
        security of all such passenger aircraft carrying cargo.
            ``(2) Minimum standards.--The system referred to in 
        paragraph (1) shall require, at a minimum, that equipment, 
        technology, procedures, personnel, or other methods approved by 
        the Administrator of the Transportation Security Administration, 
        are used to screen cargo carried on passenger aircraft described 
        in paragraph (1) to provide a level of security commensurate 
        with the level of security for the screening of passenger 
        checked baggage as follows:
                    ``(A) 50 percent of such cargo is so screened not 
                later than 18 months after the date of enactment of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007.
                    ``(B) 100 percent of such cargo is so screened not 
                later than 3 years after such date of enactment.
            ``(3) Regulations.--
                    ``(A) Interim final rule.--The Secretary of Homeland 
                Security may issue an interim final rule as a temporary 
                regulation to implement this subsection without regard 
                to the provisions of chapter 5 of title 5.
                    ``(B) Final rule.--
                          ``(i) In general.--If the Secretary issues an 
                      interim final rule under subparagraph (A), the 
                      Secretary shall issue, not later than one year 
                      after the effective date of the interim final 
                      rule, a final rule as a permanent regulation to 
                      implement this subsection in accordance with the 
                      provisions of chapter 5 of title 5.
                          ``(ii) Failure to act.--
                      If <<NOTE: Reports.>> the Secretary does not issue 
                      a final rule in accordance with clause (i) on or 
                      before the last day of the one-year period 
                      referred to in clause (i), the Secretary shall 
                      submit to the Committee on Homeland Security of 
                      the House of Representatives, Committee on 
                      Commerce, Science, and Transportation of the 
                      Senate, and the Committee on Homeland Security and 
                      Governmental Affairs of the Senate a report 
                      explaining why the final rule was not timely 
                      issued and providing an estimate of the earliest 
                      date on which the final rule will be issued. The 
                      Secretary shall <<NOTE: Deadline.>> submit the 
                      first such report within 10 days after such last 
                      day and submit a report to the Committees 
                      containing updated information every 30 days 
                      thereafter until the final rule is issued.
                          ``(iii) Superceding of interim final rule.--
                      The final rule issued in accordance with this 
                      subparagraph shall supersede the interim final 
                      rule issued under subparagraph (A).
            ``(4) Report.--Not later than 1 year after the date of 
        establishment of the system under paragraph (1), the Secretary

[[Page 121 STAT. 479]]

        shall submit to the Committees referred to in paragraph 
        (3)(B)(ii) a report that describes the system.
            ``(5) Screening defined.--In this subsection the term 
        `screening' means a physical examination or non-intrusive 
        methods of assessing whether cargo poses a threat to 
        transportation security. Methods of screening include x-ray 
        systems, explosives detection systems, explosives trace 
        detection, explosives detection canine teams certified by the 
        Transportation Security Administration, or a physical search 
        together with manifest verification. The Administrator may 
        approve additional methods to ensure that the cargo does not 
        pose a threat to transportation security and to assist in 
        meeting the requirements of this subsection. Such additional 
        cargo screening methods shall not include solely performing a 
        review of information about the contents of cargo or verifying 
        the identity of a shipper of the cargo that is not performed in 
        conjunction with other security methods authorized under this 
        subsection, including whether a known shipper is registered in 
        the known shipper database. Such additional cargo screening 
        methods may include a program to certify the security methods 
        used by shippers pursuant to paragraphs (1) and (2) and 
        alternative screening methods pursuant to exemptions referred to 
        in subsection (b) of section 1602 of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007.''.

    (b) Assessment of Exemptions.--
            (1) TSA assessment.--
                    (A) In general.--Not later than 120 
                days <<NOTE: Deadline. Reports.>> after the date of 
                enactment of this Act, the Secretary of Homeland 
                Security shall submit to the appropriate committees of 
                Congress and to the Comptroller General a report 
                containing an assessment of each exemption granted under 
                section 44901(i)(1) of title 49, United States Code, for 
                the screening required by such section for cargo 
                transported on passenger aircraft and an analysis to 
                assess the risk of maintaining such exemption.
                    (B) Contents.--The report under subparagraph (A) 
                shall include--
                          (i) the rationale for each exemption;
                          (ii) what percentage of cargo is not screened 
                      in accordance with section 44901(g) of title 49, 
                      United States Code;
                          (iii) the impact of each exemption on aviation 
                      security;
                          (iv) the projected impact on the flow of 
                      commerce of eliminating each exemption, 
                      respectively, should the Secretary choose to take 
                      such action; and
                          (v) plans and rationale for maintaining, 
                      changing, or eliminating each exemption.
                    (C) Format.--The Secretary may submit the report 
                under subparagraph (A) in both classified and redacted 
                formats if the Secretary determines that such action is 
                appropriate or necessary.
            (2) GAO assessment.--Not <<NOTE: Deadline.>> later than 120 
        days after the date on which the report under paragraph (1) is 
        submitted, the Comptroller General shall review the report and 
        submit to the Committee on Homeland Security of the House of 
        Representatives, the Committee on Commerce, Science, and 


[[Page 121 STAT. 480]]

        Transportation of the Senate, and the Committee on Homeland 
        Security and Governmental Affairs of the Senate an assessment of 
        the methodology of determinations made by the Secretary for 
        maintaining, changing, or eliminating an exemption under section 
        44901(i)(1) of title 49, United States Code.
SEC. 1603. IN-LINE BAGGAGE SCREENING.

    (a) Extension of Authorization.--Section 44923(i)(1) of title 49, 
United States Code, is amended by striking ``2007.'' and inserting 
``2007, and $450,000,000 for each of fiscal years 2008 through 2011''.
    (b) Submission of <<NOTE: Deadline.>> Cost-Sharing Study and Plan.--
Not later than 60 days after the date of enactment of this Act, the 
Secretary for Homeland Security shall submit to the appropriate 
congressional committees the cost sharing study described in section 
4019(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 
(118 Stat. 3722), together with the Secretary's analysis of the study, a 
list of provisions of the study the Secretary intends to implement, and 
a plan and schedule for implementation of such listed provisions.
SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

    (a) In General.--Section 44923 of title 49, United States Code, is 
amended--
            (1) in subsection (a) by striking ``may make'' and inserting 
        ``shall make'';
            (2) in subsection (d)(1) by striking ``may'' and inserting 
        ``shall'';
            (3) in subsection (h)(1) by striking ``2007'' and inserting 
        ``2028'';
            (4) in subsection (h) by striking paragraphs (2) and (3) and 
        inserting the following:
            ``(2) Allocation.--Of the amount made available under 
        paragraph (1) for a fiscal year, not less than $200,000,000 
        shall be allocated to fulfill letters of intent issued under 
        subsection (d).
            ``(3) Discretionary grants.--Of the amount made available 
        under paragraph (1) for a fiscal year, up to $50,000,000 shall 
        be used to make discretionary grants, including other 
        transaction agreements for airport security improvement 
        projects, with priority given to small hub airports and nonhub 
        airports.'';
            (5) by redesignating subsection (i) as subsection (j); and
            (6) by inserting after subsection (h) the following:

    ``(i) Leveraged Funding.--For purposes of this section, a grant 
under subsection (a) to an airport sponsor to service an obligation 
issued by or on behalf of that sponsor to fund a project described in 
subsection (a) shall be considered to be a grant for that project.''.
    (b) Prioritization of <<NOTE: 49 USC 44923.>> Projects.--
            (1) In general.--The <<NOTE: Airport 
        security.>> Administrator of the Transportation Security 
        Administration shall establish a prioritization schedule for 
        airport security improvement projects described in section 44923 
        of title 49, United States Code, based on risk and other 
        relevant factors, to be funded under that section. The schedule 
        shall include both hub airports referred to in paragraphs (29), 
        (31), and (42) of section 40102 of such title and nonhub 
        airports (as defined in section 47102(13) of such title).

[[Page 121 STAT. 481]]

            (2) Airports that have incurred eligible costs.--The 
        schedule shall include airports that have incurred eligible 
        costs associated with development of partial or completed in-
        line baggage systems before the date of enactment of this Act in 
        reasonable anticipation of receiving a grant under section 44923 
        of title 49, United States Code, in reimbursement of those costs 
        but that have not received such a grant.
            (3) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall provide a copy of 
        the prioritization schedule, a corresponding timeline, and a 
        description of the funding allocation under section 44923 of 
        title 49, United States Code, to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Homeland Security of the House of Representatives.
SEC. 1605. <<NOTE: Deadlines. 49 USC 44903 note.>> STRATEGIC PLAN 
                          TO TEST AND IMPLEMENT ADVANCED PASSENGER 
                          PRESCREENING SYSTEM.

    (a) In General.--Not later than 120 days after the date of enactment 
of this Act, the Secretary of Homeland Security, in consultation with 
the Administrator of the Transportation Security Administration, shall 
submit to the Committee on Homeland Security of the House of 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Homeland Security and Governmental 
Affairs of the Senate a plan that--
            (1) describes the system to be utilized by the Department of 
        Homeland Security to assume the performance of comparing 
        passenger information, as defined by the Administrator, to the 
        automatic selectee and no-fly lists, utilizing appropriate 
        records in the consolidated and integrated terrorist watchlist 
        maintained by the Federal Government;
            (2) provides a projected timeline for each phase of testing 
        and implementation of the system;
            (3) explains how the system will be integrated with the 
        prescreening system for passengers on international flights; and
            (4) describes how the system complies with section 552a of 
        title 5, United States Code.

    (b) GAO Assessment.--Not <<NOTE: Reports.>> later than 180 days 
after the date of enactment of this Act, the Comptroller General shall 
submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Homeland Security of 
the House of Representatives that--
            (1) describes the progress made by the Transportation 
        Security Administration in implementing the secure flight 
        passenger pre-screening program;
            (2) describes the effectiveness of the current appeals 
        process for passengers wrongly assigned to the no-fly and 
        terrorist watch lists;
            (3) describes the Transportation Security Administration's 
        plan to protect private passenger information and progress made 
        in integrating the system with the pre-screening program for 
        international flights operated by United States Customs and 
        Border Protection;
            (4) provides a realistic determination of when the system 
        will be completed; and

[[Page 121 STAT. 482]]

            (5) includes any other relevant observations or 
        recommendations the Comptroller General deems appropriate.
SEC. 1606. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY 
                          DELAYED OR PROHIBITED FROM BOARDING A 
                          FLIGHT.

    (a) In General.--Subchapter I of chapter 449 of title 49, United 
States Code is amended by adding at the end the following:
``Sec. 44926. Appeal and redress process for passengers wrongly 
                    delayed or prohibited from boarding a flight

    ``(a) In General.--The Secretary of Homeland Security shall 
establish a timely and fair process for individuals who believe they 
have been delayed or prohibited from boarding a commercial aircraft 
because they were wrongly identified as a threat under the regimes 
utilized by the Transportation Security Administration, United States 
Customs and Border Protection, or any other office or component of the 
Department of Homeland Security.
    ``(b) Office of Appeals and Redress.--
            ``(1) Establishment.--The Secretary shall establish in the 
        Department an Office of Appeals and Redress to implement, 
        coordinate, and execute the process established by the Secretary 
        pursuant to subsection (a). The Office shall include 
        representatives from the Transportation Security Administration, 
        United States Customs and Border Protection, and such other 
        offices and components of the Department as the Secretary 
        determines appropriate.
            ``(2) Records.--The process established by the Secretary 
        pursuant to subsection (a) shall include the establishment of a 
        method by which the Office, under the direction of the 
        Secretary, will be able to maintain a record of air carrier 
        passengers and other individuals who have been misidentified and 
        have corrected erroneous information.
            ``(3) Information.--To prevent repeated delays of an 
        misidentified passenger or other individual, the Office shall--
                    ``(A) ensure that the records maintained under this 
                subsection contain information determined by the 
                Secretary to authenticate the identity of such a 
                passenger or individual;
                    ``(B) furnish to the Transportation Security 
                Administration, United States Customs and Border 
                Protection, or any other appropriate office or component 
                of the Department, upon request, such information as may 
                be necessary to allow such office or component to assist 
                air carriers in improving their administration of the 
                advanced passenger prescreening system and reduce the 
                number of false positives; and
                    ``(C) require air carriers and foreign air carriers 
                take action to identify passengers determined, under the 
                process established under subsection (a), to have been 
                wrongly identified.
            ``(4) Handling of personally identifiable information.--The 
        Secretary, in conjunction with the Chief Privacy Officer of the 
        Department shall--
                    ``(A) require that Federal employees of the 
                Department handling personally identifiable information 
                of passengers (in this paragraph referred to as `PII') 
                complete mandatory

[[Page 121 STAT. 483]]

                privacy and security training prior to being authorized 
                to handle PII;
                    ``(B) ensure that the records maintained under this 
                subsection are secured by encryption, one-way hashing, 
                other data anonymization techniques, or such other 
                equivalent security technical protections as the 
                Secretary determines necessary;
                    ``(C) limit the information collected from 
                misidentified passengers or other individuals to the 
                minimum amount necessary to resolve a redress request;
                    ``(D) require that the data generated under this 
                subsection shall be shared or transferred via a secure 
                data network, that has been audited to ensure that the 
                anti-hacking and other security related software 
                functions properly and is updated as necessary;
                    ``(E) ensure that any employee of the Department 
                receiving the data contained within the records handles 
                the information in accordance with the section 552a of 
                title 5, United States Code, and the Federal Information 
                Security Management Act of 2002 (Public Law 107-296);
                    ``(F) only retain the data for as long as needed to 
                assist the individual traveler in the redress process; 
                and
                    ``(G) conduct and publish a privacy impact 
                assessment of the process described within this 
                subsection and transmit the assessment to the Committee 
                on Homeland Security of the House of Representatives, 
                the Committee on Commerce, Science, and Transportation 
                of the Senate, and Committee on Homeland Security and 
                Governmental Affairs of the Senate.
            ``(5) Initiation of redress process at airports.--The Office 
        shall establish at each airport at which the Department has a 
        significant presence a process to provide information to air 
        carrier passengers to begin the redress process established 
        pursuant to subsection (a).''.

    (b) Clerical Amendment.--The analysis for such chapter is amended by 
inserting after the item relating to section 44925 the following:

``44926. Appeal and redress process for passengers wrongly delayed or 
           prohibited from boarding a flight.''.

SEC. 1607. STRENGTHENING EXPLOSIVES DETECTION AT PASSENGER 
                          SCREENING CHECKPOINTS.

    (a) In General.--Not <<NOTE: Deadline. Strategic plan. 49 USC 44925 
note.>> later than 30 days after the date of enactment of this Act, the 
Secretary of Homeland Security, in consultation with the Administrator 
of the Transportation Security Administration, shall issue the strategic 
plan the Secretary was required by section 44925(b) of title 49, United 
States Code, to have issued within 90 days after the date of enactment 
of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public 
Law 108-458).

    (b) Deployment.--Section 44925(b) of title 49, United States Code, 
is amended by adding at the end the following:
            ``(3) Implementation.--The Secretary shall begin 
        implementation of the strategic plan within one year after the 
        date of enactment of this paragraph.''.

[[Page 121 STAT. 484]]

SEC. 1608. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION 
                          SECURITY TECHNOLOGY.

    Section 137(a) of the Aviation and Transportation Security Act (49 
U.S.C. 44912 note; 115 Stat. 637) is amended--
            (1) by striking ``2002 through 2006'' and inserting ``2006 
        through 2011'';
            (2) by striking ``aviation'' and inserting 
        ``transportation''; and
            (3) by striking ``2002 and 2003'' and inserting ``2006 
        through 2011''.
SEC. 1609. BLAST-RESISTANT CARGO CONTAINERS.

    Section 44901 of title 49, United States Code, as amended by section 
1602, is further amended by adding at the end the following:
    ``(j) Blast-Resistant <<NOTE: Deadlines.>> Cargo Containers.--
            ``(1) In general.--Before January 1, 2008, the Administrator 
        of the Transportation Security Administration shall--
                    ``(A) evaluate the results of the blast-resistant 
                cargo container pilot program that was initiated before 
                the date of enactment of this subsection; and
                    ``(B) <<NOTE: Reports.>> prepare and distribute 
                through the Aviation Security Advisory Committee to the 
                appropriate Committees of Congress and air carriers a 
                report on that evaluation which may contain 
                nonclassified and classified sections.
            ``(2) Acquisition, maintenance, and replacement.--Upon 
        completion and consistent with the results of the evaluation 
        that paragraph (1)(A) requires, the Administrator shall--
                    ``(A) develop and implement a program, as the 
                Administrator determines appropriate, to acquire, 
                maintain, and replace blast-resistant cargo containers;
                    ``(B) pay for the program; and
                    ``(C) make available blast-resistant cargo 
                containers to air carriers pursuant to paragraph (3).
            ``(3) Distribution to air carriers.--The Administrator shall 
        make available, beginning not later than July 1, 2008, blast-
        resistant cargo containers to air carriers for use on a risk 
        managed basis as determined by the Administrator.''.
SEC. 1610. <<NOTE: 49 USC 44901 note.>> PROTECTION OF PASSENGER 
                          PLANES FROM EXPLOSIVES.

    (a) Technology Research and Pilot Projects.--
            (1) Research and development.--The Secretary of Homeland 
        Security, in consultation with the Administrator of the 
        Transportation Security Administration, shall expedite research 
        and development programs for technologies that can disrupt or 
        prevent an explosive device from being introduced onto a 
        passenger plane or from damaging a passenger plane while in 
        flight or on the ground. The research shall be used in support 
        of implementation of section 44901 of title 49, United States 
        Code.
            (2) Pilot projects.--The <<NOTE: Grants.>> Secretary, in 
        conjunction with the Secretary of Transportation, shall 
        establish a grant program to fund pilot projects--
                    (A) to deploy technologies described in paragraph 
                (1); and
                    (B) to test technologies to expedite the recovery, 
                development, and analysis of information from aircraft

[[Page 121 STAT. 485]]

                accidents to determine the cause of the accident, 
                including deployable flight deck and voice recorders and 
                remote location recording devices.

    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for fiscal year 2008 
such sums as may be necessary to carry out this section. Such sums shall 
remain available until expended.
SEC. 1611. <<NOTE: 49 USC 114 note.>> SPECIALIZED TRAINING.

    The Administrator of the Transportation Security Administration 
shall provide advanced training to transportation security officers for 
the development of specialized security skills, including behavior 
observation and analysis, explosives detection, and document 
examination, in order to enhance the effectiveness of layered 
transportation security measures.
SEC. 1612. <<NOTE: 49 USC 114 note.>> CERTAIN TSA PERSONNEL 
                          LIMITATIONS NOT TO APPLY.

    (a) In General.--Notwithstanding any provision of law, any statutory 
limitation on the number of employees in the Transportation Security 
Administration, before or after its transfer to the Department of 
Homeland Security from the Department of Transportation, does not apply 
after fiscal year 2007.
    (b) Aviation Security.--Notwithstanding any provision of law 
imposing a limitation on the recruiting or hiring of personnel into the 
Transportation Security Administration to a maximum number of permanent 
positions, the Secretary of Homeland Security shall recruit and hire 
such personnel into the Administration as may be necessary--
            (1) to provide appropriate levels of aviation security; and
            (2) to accomplish that goal in such a manner that the 
        average aviation security-related delay experienced by airline 
        passengers is reduced to a level of less than 10 minutes.
SEC. 1613. <<NOTE: 49 USC 44903 note.>> PILOT PROJECT TO TEST 
                          DIFFERENT TECHNOLOGIES AT AIRPORT EXIT 
                          LANES.

    (a) In General.--The Administrator of the Transportation Security 
Administration shall conduct a pilot program at not more than 2 airports 
to identify technologies to improve security at airport exit lanes.
    (b) Program Components.--In conducting the pilot program under this 
section, the Administrator shall--
            (1) utilize different technologies that protect the 
        integrity of the airport exit lanes from unauthorized entry;
            (2) work with airport officials to deploy such technologies 
        in multiple configurations at a selected airport or airports at 
        which some of the exits are not colocated with a screening 
        checkpoint; and
            (3) ensure the level of security is at or above the level of 
        existing security at the airport or airports where the pilot 
        program is conducted.

    (c) Reports.--
            (1) Initial briefing.--Not later than 180 days after the 
        date of enactment of this Act, the Administrator shall conduct a 
        briefing to the congressional committees set forth in paragraph 
        (3) that describes--
                    (A) the airport or airports selected to participate 
                in the pilot program;
                    (B) the technologies to be tested;

[[Page 121 STAT. 486]]

                    (C) the potential savings from implementing the 
                technologies at selected airport exits;
                    (D) the types of configurations expected to be 
                deployed at such airports; and
                    (E) the expected financial contribution from each 
                airport.
            (2) Final report.--Not later than 18 months after the 
        technologies are deployed at the airports participating in the 
        pilot program, the Administrator shall submit a final report to 
        the congressional committees set forth in paragraph (3) that 
        describes--
                    (A) the changes in security procedures and 
                technologies deployed;
                    (B) the estimated cost savings at the airport or 
                airports that participated in the pilot program; and
                    (C) the efficacy and staffing benefits of the pilot 
                program and its applicability to other airports in the 
                United States.
            (3) Congressional committees.--The reports required under 
        this subsection shall be submitted to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Homeland Security of the House 
                of Representatives; and
                    (E) the Committee on Appropriations of the House of 
                Representatives.

    (d) Use of Existing Funds.--This section shall be executed using 
existing funds.
SEC. 1614. <<NOTE: 49 USC 44903 note.>> SECURITY CREDENTIALS FOR 
                          AIRLINE CREWS.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator of the Transportation Security 
Administration, after consultation with airline, airport, and flight 
crew representatives, shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate, the Committee on Homeland 
Security and Governmental Affairs of the Senate, the Committee on 
Homeland Security of the House of Representatives, and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the status of the Administration's efforts to institute a 
sterile area access system or method that will enhance security by 
properly identifying authorized airline flight deck and cabin crew 
members at screening checkpoints and granting them expedited access 
through screening checkpoints. The Administrator shall include in the 
report recommendations on the feasibility of implementing the system for 
the domestic aviation industry beginning 1 year after the date on which 
the report is submitted.
    (b) Beginning Implementation.--The Administrator shall begin 
implementation of the system or method referred to in subsection (a) not 
later than 1 year after the date on which the Administrator submits the 
report under subsection (a).
SEC. 1615. LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL.

    (a) In General.--Section 44903(h)(6) of title 49, United States 
Code, is amended to read as follows:

[[Page 121 STAT. 487]]

            ``(6) Use of biometric technology for armed law enforcement 
        travel.--
                    ``(A) In general.--Not <<NOTE: Deadline.>> later 
                than 18 months after the date of enactment of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007, the Secretary of Homeland Security, in 
                consultation with the Attorney General, shall--
                          ``(i) <<NOTE: Federal 
                      Register, publication.>> implement this section by 
                      publication in the Federal Register; and
                          ``(ii) establish a national registered armed 
                      law enforcement program, that shall be federally 
                      managed, for law enforcement officers needing to 
                      be armed when traveling by commercial aircraft.
                    ``(B) Program requirements.--The program shall--
                          ``(i) establish a credential or a system that 
                      incorporates biometric technology and other 
                      applicable technologies;
                          ``(ii) establish a system for law enforcement 
                      officers who need to be armed when traveling by 
                      commercial aircraft on a regular basis and for 
                      those who need to be armed during temporary travel 
                      assignments;
                          ``(iii) comply with other uniform 
                      credentialing initiatives, including the Homeland 
                      Security Presidential Directive 12;
                          ``(iv) apply to all Federal, State, local, 
                      tribal, and territorial government law enforcement 
                      agencies; and
                          ``(v) establish a process by which the travel 
                      credential or system may be used to verify the 
                      identity, using biometric technology, of a 
                      Federal, State, local, tribal, or territorial law 
                      enforcement officer seeking to carry a weapon on 
                      board a commercial aircraft, without unnecessarily 
                      disclosing to the public that the individual is a 
                      law enforcement officer.
                    ``(C) Procedures.--In establishing the program, the 
                Secretary shall develop procedures--
                          ``(i) to ensure that a law enforcement officer 
                      of a Federal, State, local, tribal, or territorial 
                      government flying armed has a specific reason for 
                      flying armed and the reason is within the scope of 
                      the duties of such officer;
                          ``(ii) to preserve the anonymity of the armed 
                      law enforcement officer;
                          ``(iii) to resolve failures to enroll, false 
                      matches, and false nonmatches relating to the use 
                      of the law enforcement travel credential or 
                      system;
                          ``(iv) to determine the method of issuance of 
                      the biometric credential to law enforcement 
                      officers needing to be armed when traveling by 
                      commercial aircraft;
                          ``(v) to invalidate any law enforcement travel 
                      credential or system that is lost, stolen, or no 
                      longer authorized for use;
                          ``(vi) to coordinate the program with the 
                      Federal Air Marshal Service, including the force 
                      multiplier program of the Service; and
                          ``(vii) to implement a phased approach to 
                      launching the program, addressing the immediate 
                      needs of the

[[Page 121 STAT. 488]]

                      relevant Federal agent population before expanding 
                      to other law enforcement populations.''.

    (b) Report.--
            (1) In general.--Not later than 180 days after implementing 
        the national registered armed law enforcement program required 
        by section 44903(h)(6) of title 49, United States Code, the 
        Secretary of Homeland Security shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Homeland Security of the House of Representatives a 
        report. If the Secretary has not implemented the program within 
        180 days after the date of enactment of this Act, the Secretary 
        shall submit a report to the Committees within 180 days 
        explaining the reasons for the failure to implement the program 
        within the time required by that section and a further report 
        within each successive 90-day period until the program is 
        implemented explaining the reasons for such further delays in 
        implementation until the program is functioning.
            (2) Classified format.--The Secretary may submit each report 
        required by this subsection in classified format.
SEC. 1616. <<NOTE: 49 USC 44924 note.>> REPAIR STATION SECURITY.

    (a) Certification of <<NOTE: Deadline.>> Foreign Repair Stations 
Suspension.--If the regulations required by section 44924(f) of title 
49, United States Code, are not issued within 1 year after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration may not certify any foreign repair station under part 145 
of title 14, Code of Federal Regulations, after such date unless the 
station was previously certified, or is in the process of certification 
by the Administration under that part.

    (b) 6-Month Deadline for Security Review and Audit.--Subsections (a) 
and (d) of section 44924 of title 49, United States Code, is amended--
            (1) in each of subsections (a) and (b) by striking ``18 
        months'' and inserting ``6 months''; and
            (2) in subsection (d) by inserting ``(other than a station 
        that was previously certified, or is in the process of 
        certification, by the Administration under this part)'' before 
        ``until''.
SEC. 1617. <<NOTE: Deadlines.>> GENERAL AVIATION SECURITY.

    Section 44901 of title 49, United States Code, as amended by 
sections 1602 and 1609, is further amended by adding at the end the 
following:
    ``(k) General Aviation Airport Security Program.--
            ``(1) In general.--Not later than one year after the date of 
        enactment of this subsection, the Administrator of the 
        Transportation Security Administration shall--
                    ``(A) develop a standardized threat and 
                vulnerability assessment program for general aviation 
                airports (as defined in section 47134(m)); and
                    ``(B) implement a program to perform such 
                assessments on a risk-managed basis at general aviation 
                airports.
            ``(2) Grant program.--Not later than 6 months after the date 
        of enactment of this subsection, the Administrator shall 
        initiate and complete a study of the feasibility of a program, 
        based on a risk-managed approach, to provide grants to operators 
        of general aviation airports (as defined in section 47134(m))

[[Page 121 STAT. 489]]

        for projects to upgrade security at such airports. If the 
        Administrator determines that such a program is feasible, the 
        Administrator shall establish such a program.
            ``(3) Application to general aviation aircraft.--Not later 
        than 180 days after the date of enactment of this subsection, 
        the Administrator shall develop a risk-based system under 
        which--
                    ``(A) general aviation aircraft, as identified by 
                the Administrator, in coordination with the 
                Administrator of the Federal Aviation Administration, 
                are required to submit passenger information and advance 
                notification requirements for United States Customs and 
                Border Protection before entering United States 
                airspace; and
                    ``(B) such information is checked against 
                appropriate databases.
            ``(4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Administrator of the Transportation 
        Security Administration such sums as may be necessary to carry 
        out paragraphs (2) and (3).''.
SEC. 1618. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY 
                          FUNDING.

    Section 48301(a) of title 49, United States Code, is amended by 
striking ``and 2006'' and inserting ``2007, 2008, 2009, 2010, and 
2011''.

                       TITLE XVII--MARITIME CARGO

SEC. 1701. CONTAINER SCANNING AND SEALS.

    (a) Container Scanning.--Section 232(b) of the SAFE Ports Act (6 
U.S.C. 982(b)) is amended to read as follows:
    ``(b) Full-Scale Implementation.--
            ``(1) In general.--A container that was loaded on a vessel 
        in a foreign port shall not enter the United States (either 
        directly or via a foreign port) unless the container was scanned 
        by nonintrusive imaging equipment and radiation detection 
        equipment at a foreign port before it was loaded on a vessel.
            ``(2) Application.--Paragraph (1) <<NOTE: Effective 
        dates.>> shall apply with respect to containers loaded on a 
        vessel in a foreign country on or after the earlier of--
                    ``(A) July 1, 2012; or
                    ``(B) such other date as may be established by the 
                Secretary under paragraph (3).
            ``(3) Establishment of earlier deadline.--The Secretary 
        shall establish a date under (2)(B) pursuant to the lessons 
        learned through the pilot integrated scanning systems 
        established under section 231.
            ``(4) Extensions.--The Secretary may extend the date 
        specified in paragraph (2)(A) or (2)(B) for 2 years, and may 
        renew the extension in additional 2-year increments, for 
        containers loaded in a port or ports, if the Secretary certifies 
        to Congress that at least two of the following conditions exist:
                    ``(A) Systems to scan containers in accordance with 
                paragraph (1) are not available for purchase and 
                installation.

[[Page 121 STAT. 490]]

                    ``(B) Systems to scan containers in accordance with 
                paragraph (1) do not have a sufficiently low false alarm 
                rate for use in the supply chain.
                    ``(C) Systems to scan containers in accordance with 
                paragraph (1) cannot be purchased, deployed, or operated 
                at ports overseas, including, if applicable, because a 
                port does not have the physical characteristics to 
                install such a system.
                    ``(D) Systems to scan containers in accordance with 
                paragraph (1) cannot be integrated, as necessary, with 
                existing systems.
                    ``(E) Use of systems that are available to scan 
                containers in accordance with paragraph (1) will 
                significantly impact trade capacity and the flow of 
                cargo.
                    ``(F) Systems to scan containers in accordance with 
                paragraph (1) do not adequately provide an automated 
                notification of questionable or high-risk cargo as a 
                trigger for further inspection by appropriately trained 
                personnel.
            ``(5) Exemption for military cargo.--Notwithstanding any 
        other provision in the section, supplies bought by the Secretary 
        of Defense and transported in compliance section 2631 of title 
        10, United States Code, and military cargo of foreign countries 
        are exempt from the requirements of this section.
            ``(6) Report on extensions.--An <<NOTE: Effective 
        date.>> extension under paragraph (4) for a port or ports shall 
        take effect upon the expiration of the 60-day period beginning 
        on the date the Secretary provides a report to Congress that--
                    ``(A) states what container traffic will be affected 
                by the extension;
                    ``(B) provides supporting evidence to support the 
                Secretary's certification of the basis for the 
                extension; and
                    ``(C) explains what measures the Secretary is taking 
                to ensure that scanning can be implemented as early as 
                possible at the port or ports that are the subject of 
                the report.
            ``(7) Report on renewal of extension.--If an extension under 
        paragraph (4) takes effect, the Secretary shall, after one year, 
        submit a report to Congress on whether the Secretary expects to 
        seek to renew the extension.
            ``(8) Scanning technology standards.--In implementing 
        paragraph (1), the Secretary shall--
                    ``(A) establish technological and operational 
                standards for systems to scan containers;
                    ``(B) ensure that the standards are consistent with 
                the global nuclear detection architecture developed 
                under the Homeland Security Act of 2002; and
                    ``(C) coordinate with other Federal agencies that 
                administer scanning or detection programs at foreign 
                ports.
            ``(9) International trade and other obligations.--In 
        carrying out this subsection, the Secretary shall consult with 
        appropriate Federal departments and agencies and private sector 
        stakeholders, and ensure that actions under this section do not 
        violate international trade obligations, and are consistent with 
        the World Customs Organization framework, or other international 
        obligations of the United States.''.

[[Page 121 STAT. 491]]

    (b) Deadline for Container Security Standards and Procedures.--
Section 204(a)(4) of the SAFE Port Act (6 U.S.C. 944(a)(4)) is amended 
by--
            (1) striking ``(1) Deadline for enforcement.--'' and 
        inserting the following:
            ``(1) Deadline for enforcement.--
                    ``(A) Enforcement of rule.--''; and
            (2) adding at the end the following:
                    ``(B) Interim requirement.--If the interim final 
                rule described in paragraph (2) is not issued by April 
                1, 2008, then--
                          ``(i) effective not later than October 15, 
                      2008, all containers in transit to the United 
                      States shall be required to meet the requirements 
                      of International Organization for Standardization 
                      Publicly Available Specification 17712 standard 
                      for sealing containers; and
                          ``(ii) the requirements of this subparagraph 
                      shall cease to be effective upon the effective 
                      date of the interim final rule issued pursuant to 
                      this subsection.''.

 TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
                                TERRORISM

SEC. 1801. <<NOTE: 50 USC 2901.>> FINDINGS.

    The 9/11 Commission has made the following recommendations:
            (1) Strengthen ``counter-proliferation'' efforts.--The 
        United States should work with the international community to 
        develop laws and an international legal regime with universal 
        jurisdiction to enable any state in the world to capture, 
        interdict, and prosecute smugglers of nuclear material.
            (2) Expand the proliferation security initiative.--In 
        carrying out the Proliferation Security Initiative, the United 
        States should--
                    (A) use intelligence and planning resources of the 
                North Atlantic Treaty Organization (NATO) alliance;
                    (B) make participation open to non-NATO countries; 
                and
                    (C) encourage Russia and the People's Republic of 
                China to participate.
            (3) Support the cooperative threat reduction program.--The 
        United States should expand, improve, increase resources for, 
        and otherwise fully support the Cooperative Threat Reduction 
        program.
SEC. 1802. <<NOTE: 50 USC 2902.>> DEFINITIONS.

    In this title:
            (1) The terms ``prevention of weapons of mass destruction 
        proliferation and terrorism'' and ``prevention of WMD 
        proliferation and terrorism'' include activities under--
                    (A) the programs specified in section 1501(b) of the 
                National Defense Authorization Act for Fiscal Year 1997 
                (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 
                note);

[[Page 121 STAT. 492]]

                    (B) the programs for which appropriations are 
                authorized by section 3101(a)(2) of the Bob Stump 
                National Defense Authorization Act for Fiscal Year 2003 
                (Public Law 107-314; 116 Stat. 2729);
                    (C) programs authorized by section 504 of the 
                Freedom for Russia and Emerging Eurasian Democracies and 
                Open Markets Support Act of 1992 (the FREEDOM Support 
                Act) (22 U.S.C. 5854) and programs authorized by section 
                1412 of the Former Soviet Union Demilitarization Act of 
                1992 (22 U.S.C. 5902); and
                    (D) a program of any agency of the Federal 
                Government having a purpose similar to that of any of 
                the programs identified in subparagraphs (A) through 
                (C), as designated by the United States Coordinator for 
                the Prevention of Weapons of Mass Destruction 
                Proliferation and Terrorism and the head of the agency.
            (2) The terms ``weapons of mass destruction'' and ``WMD'' 
        mean chemical, biological, and nuclear weapons, and chemical, 
        biological, and nuclear materials used in the manufacture of 
        such weapons.
            (3) The term ``items of proliferation concern'' means--
                    (A) equipment, materials, or technology listed in--
                          (i) the Trigger List of the Guidelines for 
                      Nuclear Transfers of the Nuclear Suppliers Group;
                          (ii) the Annex of the Guidelines for Transfers 
                      of Nuclear-Related Dual-Use Equipment, Materials, 
                      Software, and Related Technology of the Nuclear 
                      Suppliers Group; or
                          (iii) any of the Common Control Lists of the 
                      Australia Group; and
                    (B) any other sensitive items.

  Subtitle A--Repeal and Modification of Limitations on Assistance for 
              Prevention of WMD Proliferation and Terrorism

SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE 
                          FOR PREVENTION OF WEAPONS OF MASS 
                          DESTRUCTION PROLIFERATION AND TERRORISM.

    Consistent with the recommendations of the 9/11 Commission, Congress 
repeals or modifies the limitations on assistance for prevention of 
weapons of mass destruction proliferation and terrorism as follows:
            (1) Soviet nuclear threat reduction act of 1991.--
        Subsections (b) and (c) of section 211 of the Soviet Nuclear 
        Threat Reduction Act of 1991 (title II of Public Law 102-228; 22 
        U.S.C. 2551 note) are repealed.
            (2) Cooperative threat reduction act of 1993.--Section 
        1203(d) of the Cooperative Threat Reduction Act of 1993 (title 
        XII of Public Law 103-160; 22 U.S.C. 5952(d)) is repealed.
            (3) Russian chemical weapons destruction facilities.--
        Section 1305 of the National Defense Authorization Act for 
        Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is 
        repealed.

[[Page 121 STAT. 493]]

            (4) Authority to use cooperative threat reduction funds 
        outside the former soviet union--modification of certification 
        requirement; congressional notice requirement.--Section 1308 of 
        the National Defense Authorization Act for Fiscal Year 2004 
        (Public Law 108-136; 22 U.S.C. 5963) is amended--
                    (A) in subsection (a)--
                          (i) by striking ``the President may'' and 
                      inserting ``the Secretary of Defense may''; and
                          (ii) by striking ``if the President'' and 
                      inserting ``if the Secretary of Defense, with the 
                      concurrence of the Secretary of State,'';
                    (B) in subsection (d)(1)--
                          (i) by striking ``The President may not'' and 
                      inserting ``The Secretary of Defense may not''; 
                      and
                          (ii) by striking ``until the President'' and 
                      inserting ``until the Secretary of Defense, with 
                      the concurrence of the Secretary of State,'';
                    (C) in subsection (d)(2)--
                          (i) by striking ``Not later than 10 days 
                      after'' and inserting ``Not later than 15 days 
                      prior to'';
                          (ii) by striking ``the President shall'' and 
                      inserting ``the Secretary of Defense shall''; and
                          (iii) by striking ``Congress'' and inserting 
                      ``the Committee on Armed Services and the 
                      Committee on Foreign Affairs of the House of 
                      Representatives and the Committee on Armed 
                      Services and the Committee on Foreign Relations of 
                      the Senate''; and
                    (D) in subsection (d) by adding at the end the 
                following:

    ``(3) <<NOTE: Public safety. Defense and national 
security. Deadline.>> In the case of a situation that threatens human 
life or safety or where a delay would severely undermine the national 
security of the United States, notification under paragraph (2) shall be 
made not later than 10 days after obligating funds under the authority 
in subsection (a) for a project or activity.''.

              Subtitle B--Proliferation Security Initiative

SEC. 1821. <<NOTE: 50 USC 2911.>> PROLIFERATION SECURITY 
                          INITIATIVE IMPROVEMENTS AND AUTHORITIES.

    (a) Sense of Congress.--It is the sense of Congress, consistent with 
the 9/11 Commission's recommendations, that the President should strive 
to expand and strengthen the Proliferation Security Initiative (in this 
subtitle referred to as ``PSI'') announced by the President on May 31, 
2003, with a particular emphasis on the following:
            (1) Issuing a presidential directive to the relevant United 
        States Government agencies and departments that directs such 
        agencies and departments to--
                    (A) establish clear PSI authorities, 
                responsibilities, and structures;
                    (B) include in the budget request for each such 
                agency or department for each fiscal year, a request for 
                funds necessary for United States PSI-related 
                activities; and

[[Page 121 STAT. 494]]

                    (C) provide other necessary resources to achieve 
                more efficient and effective performance of United 
                States PSI-related activities.
            (2) Increasing PSI cooperation with all countries.
            (3) Implementing the recommendations of the Government 
        Accountability Office (GAO) in the September 2006 report titled 
        ``Better Controls Needed to Plan and Manage Proliferation 
        Security Initiative Activities'' (GAO-06-937C) regarding the 
        following:
                    (A) The Department of Defense and the Department of 
                State should establish clear PSI roles and 
                responsibilities, policies and procedures, interagency 
                communication mechanisms, documentation requirements, 
                and indicators to measure program results.
                    (B) The Department of Defense and the Department of 
                State should develop a strategy to work with PSI-
                participating countries to resolve issues that are 
                impediments to conducting successful PSI interdictions.
            (4) Establishing a multilateral mechanism to increase 
        coordination, cooperation, and compliance among PSI-
        participating countries.

    (b) Budget Submission.--
            (1) In general.--Each fiscal year in which activities are 
        planned to be carried out under the PSI, the President shall 
        include in the budget request for each participating United 
        States Government agency or department for that fiscal year, a 
        description of the funding and the activities for which the 
        funding is requested for each such agency or department.
            (2) Report.--Not later than the first Monday in February of 
        each year in which the President submits a budget request 
        described in paragraph (1), the Secretary of Defense and the 
        Secretary of State shall submit to Congress a comprehensive 
        joint report setting forth the following:
                    (A) A 3-year plan, beginning with the fiscal year 
                for the budget request, that specifies the amount of 
                funding and other resources to be provided by the United 
                States for PSI-related activities over the term of the 
                plan, including the purposes for which such funding and 
                resources will be used.
                    (B) For the report submitted in 2008, a description 
                of the PSI-related activities carried out during the 3 
                fiscal years preceding the year of the report, and for 
                the report submitted in 2009 and each year thereafter, a 
                description of the PSI-related activities carried out 
                during the fiscal year preceding the year of the report. 
                The description shall include, for each fiscal year 
                covered by the report--
                          (i) the amounts obligated and expended for 
                      such activities and the purposes for which such 
                      amounts were obligated and expended;
                          (ii) a description of the participation of 
                      each department or agency of the United States 
                      Government in such activities;
                          (iii) a description of the participation of 
                      each foreign country or entity in such activities;
                          (iv) a description of any assistance provided 
                      to a foreign country or entity participating in 
                      such activities in order to secure such 
                      participation, in response

[[Page 121 STAT. 495]]

                      to such participation, or in order to improve the 
                      quality of such participation; and
                          (v) such other information as the Secretary of 
                      Defense and the Secretary of State determine 
                      should be included to keep Congress fully informed 
                      of the operation and activities of the PSI.
            (3) Classification.--The report required by paragraph (2) 
        shall be in an unclassified form but may include a classified 
        annex as necessary.

    (c) Implementation Report.--Not later than 180 days after the date 
of the enactment of this Act, the President shall transmit to the 
Committee on Armed Services and the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate a report on the 
implementation of this section. The report shall include--
            (1) the steps taken to implement the recommendations 
        described in paragraph (3) of subsection (a); and
            (2) the progress made toward implementing the matters 
        described in paragraphs (1), (2), and (4) of subsection (a).

    (d) GAO Reports.--The Government Accountability Office shall submit 
to Congress, for each of fiscal years 2007, 2009, and 2011, a report 
with its assessment of the progress and effectiveness of the PSI, which 
shall include an assessment of the measures referred to in subsection 
(a).
SEC. 1822. <<NOTE: 50 USC 2912.>> AUTHORITY TO PROVIDE ASSISTANCE 
                          TO COOPERATIVE COUNTRIES.

    (a) In General.--The President is authorized to provide assistance 
under subsection (b) to any country that cooperates with the United 
States and with other countries allied with the United States to prevent 
the transport and transshipment of items of proliferation concern in its 
national territory or airspace or in vessels under its control or 
registry.
    (b) Types of Assistance.--The assistance authorized under subsection 
(a) consists of the following:
            (1) Assistance under section 23 of the Arms Export Control 
        Act (22 U.S.C. 2763).
            (2) Assistance under chapters 4 (22 U.S.C. 2346 et seq.) and 
        5 (22 U.S.C. 2347 et seq.) of part II of the Foreign Assistance 
        Act of 1961.
            (3) Drawdown of defense excess defense articles and services 
        under section 516 of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2321j).

    (c) Congressional Notification.--Assistance authorized under this 
section may not be provided until at least 30 days after the date on 
which the President has provided notice thereof to the Committee on 
Armed Services, the Committee on Foreign Affairs, and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Armed Services, the Committee on Foreign Relations, and the Committee on 
Appropriations of the Senate, in accordance with the procedures 
applicable to reprogramming notifications under section 634A(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1(a)), and has certified 
to such committees that such assistance will be used in accordance with 
the requirement of subsection (e) of this section.

[[Page 121 STAT. 496]]

    (d) Limitation.--Assistance may be provided to a country under 
subsection (a) in no more than 3 fiscal years.
    (e) Use of Assistance.--Assistance provided under this section shall 
be used to enhance the capability of the recipient country to prevent 
the transport and transshipment of items of proliferation concern in its 
national territory or airspace, or in vessels under its control or 
registry, including through the development of a legal framework in that 
country to enhance such capability by criminalizing proliferation, 
enacting strict export controls, and securing sensitive materials within 
its borders, and to enhance the ability of the recipient country to 
cooperate in PSI operations.
    (f) Limitation on Ship or Aircraft Transfers.--
            (1) Limitation.--Except as provided in paragraph (2), the 
        President may not transfer any excess defense article that is a 
        vessel or an aircraft to a country that has not agreed, in 
        connection with such transfer, that it will support and assist 
        efforts by the United States, consistent with international law, 
        to interdict items of proliferation concern until 30 days after 
        the date on which the President has provided notice of the 
        proposed transfer to the committees described in subsection (c) 
        in accordance with the procedures applicable to reprogramming 
        notifications under section 634A(a) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2394-1(a)), in addition to any other 
        requirement of law.
            (2) Exception.--The limitation in paragraph (1) shall not 
        apply to any transfer, not involving significant military 
        equipment, in which the primary use of the aircraft or vessel 
        will be for counternarcotics, counterterrorism, or counter-
        proliferation purposes.

Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass 
                 Destruction Proliferation and Terrorism

SEC. 1831. <<NOTE: 50 USC 2921.>> STATEMENT OF POLICY.

    It shall be the policy of the United States, consistent with the 9/
11 Commission's recommendations, to eliminate any obstacles to timely 
obligating and executing the full amount of any appropriated funds for 
threat reduction and nonproliferation programs in order to accelerate 
and strengthen progress on preventing weapons of mass destruction (WMD) 
proliferation and terrorism. Such policy shall be implemented with 
concrete measures, such as those described in this title, including the 
removal and modification of statutory limits to executing funds, the 
expansion and strengthening of the Proliferation Security Initiative, 
the establishment of the Office of the United States Coordinator for the 
Prevention of Weapons of Mass Destruction Proliferation and Terrorism 
under subtitle D, and the establishment of the Commission on the 
Prevention of Weapons of Mass Destruction Proliferation and Terrorism 
under subtitle E. As a result, Congress intends that any funds 
authorized to be appropriated to programs for preventing WMD 
proliferation and terrorism under this subtitle will be executed in a 
timely manner.

[[Page 121 STAT. 497]]

SEC. 1832. <<NOTE: 50 USC 2922.>> AUTHORIZATION OF APPROPRIATIONS 
                          FOR THE DEPARTMENT OF DEFENSE 
                          COOPERATIVE THREAT REDUCTION PROGRAM.

    (a) Fiscal Year 2008.--
            (1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated to the Department of Defense 
        Cooperative Threat Reduction Program such sums as may be 
        necessary for fiscal year 2008 for the following purposes:
                    (A) Chemical weapons destruction at Shchuch'ye, 
                Russia.
                    (B) Biological weapons proliferation prevention.
                    (C) Acceleration, expansion, and strengthening of 
                Cooperative Threat Reduction Program activities.
            (2) Limitation.--The sums appropriated pursuant to paragraph 
        (1) may not exceed the amounts authorized to be appropriated by 
        any national defense authorization Act for fiscal year 2008 
        (whether enacted before or after the date of the enactment of 
        this Act) to the Department of Defense Cooperative Threat 
        Reduction Program for such purposes.

    (b) Future Years.--It is the sense of Congress that in fiscal year 
2008 and future fiscal years, the President should accelerate and expand 
funding for Cooperative Threat Reduction programs administered by the 
Department of Defense and such efforts should include, beginning upon 
enactment of this Act, encouraging additional commitments by the Russian 
Federation and other partner nations, as recommended by the 9/11 
Commission.
SEC. 1833. <<NOTE: 50 USC 2923.>> AUTHORIZATION OF APPROPRIATIONS 
                          FOR THE DEPARTMENT OF ENERGY PROGRAMS TO 
                          PREVENT WEAPONS OF MASS DESTRUCTION 
                          PROLIFERATION AND TERRORISM.

    (a) In General.--Subject to subsection (b), there are authorized to 
be appropriated to Department of Energy National Nuclear Security 
Administration Defense Nuclear Nonproliferation such sums as may be 
necessary for fiscal year 2008 to accelerate, expand, and strengthen the 
following programs to prevent weapons of mass destruction (WMD) 
proliferation and terrorism:
            (1) The Global Threat Reduction Initiative.
            (2) The Nonproliferation and International Security program.
            (3) The International Materials Protection, Control and 
        Accounting program.
            (4) The Nonproliferation and Verification Research and 
        Development program.

    (b) Limitation.--The sums appropriated pursuant to subsection (a) 
may not exceed the amounts authorized to be appropriated by any national 
defense authorization Act for fiscal year 2008 (whether enacted before 
or after the date of the enactment of this Act) to Department of Energy 
National Nuclear Security Administration Defense Nuclear 
Nonproliferation for such purposes.

[[Page 121 STAT. 498]]

 Subtitle D--Office of the United States Coordinator for the Prevention 
       of Weapons of Mass Destruction Proliferation and Terrorism

SEC. 1841. <<NOTE: 50 USC 2931.>> OFFICE OF THE UNITED STATES 
                          COORDINATOR FOR THE PREVENTION OF 
                          WEAPONS OF MASS DESTRUCTION 
                          PROLIFERATION AND TERRORISM.

    (a) Establishment.--There is established within the Executive Office 
of the President an office to be known as the ``Office of the United 
States Coordinator for the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism'' (in this section referred to as the 
``Office'').
    (b) Officers.--
            (1) United states coordinator.--The head of the Office shall 
        be the United States Coordinator for the Prevention of Weapons 
        of Mass Destruction Proliferation and Terrorism (in this section 
        referred to as the ``Coordinator'').
            (2) Deputy united states coordinator.--There shall be a 
        Deputy United States Coordinator for the Prevention of Weapons 
        of Mass Destruction Proliferation and Terrorism (in this section 
        referred to as the ``Deputy Coordinator''), who shall--
                    (A) assist the Coordinator in carrying out the 
                responsibilities of the Coordinator under this subtitle; 
                and
                    (B) serve as Acting Coordinator in the absence of 
                the Coordinator and during any vacancy in the office of 
                Coordinator.
            (3) Appointment.--The Coordinator and Deputy Coordinator 
        shall be appointed by the President, by and with the advice and 
        consent of the Senate, and shall be responsible on a full-time 
        basis for the duties and responsibilities described in this 
        section.
            (4) Limitation.--No person shall serve as Coordinator or 
        Deputy Coordinator while serving in any other position in the 
        Federal Government.
            (5) Access by congress.--The establishment of the Office of 
        the Coordinator within the Executive Office of the President 
        shall not be construed as affecting access by the Congress or 
        committees of either House to--
                    (A) information, documents, and studies in the 
                possession of, or conducted by or at the direction of, 
                the Coordinator; or
                    (B) personnel of the Office of the Coordinator.

    (c) Duties.--The responsibilities of the Coordinator shall include 
the following:
            (1) Serving as the principal advisor to the President on all 
        matters relating to the prevention of weapons of mass 
        destruction (WMD) proliferation and terrorism.
            (2) Formulating a comprehensive and well-coordinated United 
        States strategy and policies for preventing WMD proliferation 
        and terrorism, including--
                    (A) measurable milestones and targets to which 
                departments and agencies can be held accountable;

[[Page 121 STAT. 499]]

                    (B) identification of gaps, duplication, and other 
                inefficiencies in existing activities, initiatives, and 
                programs and the steps necessary to overcome these 
                obstacles;
                    (C) plans for preserving the nuclear security 
                investment the United States has made in Russia, the 
                former Soviet Union, and other countries;
                    (D) prioritized plans to accelerate, strengthen, and 
                expand the scope of existing initiatives and programs, 
                which include identification of vulnerable sites and 
                material and the corresponding actions necessary to 
                eliminate such vulnerabilities;
                    (E) new and innovative initiatives and programs to 
                address emerging challenges and strengthen United States 
                capabilities, including programs to attract and retain 
                top scientists and engineers and strengthen the 
                capabilities of United States national laboratories;
                    (F) plans to coordinate United States activities, 
                initiatives, and programs relating to the prevention of 
                WMD proliferation and terrorism, including those of the 
                Department of Energy, the Department of Defense, the 
                Department of State, and the Department of Homeland 
                Security, and including the Proliferation Security 
                Initiative, the G-8 Global Partnership Against the 
                Spread of Weapons and Materials of Mass Destruction, 
                United Nations Security Council Resolution 1540, and the 
                Global Initiative to Combat Nuclear Terrorism;
                    (G) plans to strengthen United States commitments to 
                international regimes and significantly improve 
                cooperation with other countries relating to the 
                prevention of WMD proliferation and terrorism, with 
                particular emphasis on work with the international 
                community to develop laws and an international legal 
                regime with universal jurisdiction to enable any state 
                in the world to interdict and prosecute smugglers of WMD 
                material, as recommended by the 9/11 Commission; and
                    (H) identification of actions necessary to implement 
                the recommendations of the Commission on the Prevention 
                of Weapons of Mass Destruction Proliferation and 
                Terrorism established under subtitle E of this title.
            (3) Leading inter-agency coordination of United States 
        efforts to implement the strategy and policies described in this 
        section.
            (4) Conducting oversight and evaluation of accelerated and 
        strengthened implementation of initiatives and programs to 
        prevent WMD proliferation and terrorism by relevant government 
        departments and agencies.
            (5) Overseeing the development of a comprehensive and 
        coordinated budget for programs and initiatives to prevent WMD 
        proliferation and terrorism, ensuring that such budget 
        adequately reflects the priority of the challenges and is 
        effectively executed, and carrying out other appropriate 
        budgetary authorities.

    (d) Staff.--The Coordinator may--
            (1) appoint, employ, fix compensation, and terminate such 
        personnel as may be necessary to enable the Coordinator to 
        perform his or her duties under this title;

[[Page 121 STAT. 500]]

            (2) direct, with the concurrence of the Secretary of a 
        department or head of an agency, the temporary reassignment 
        within the Federal Government of personnel employed by such 
        department or agency, in order to implement United States policy 
        with regard to the prevention of WMD proliferation and 
        terrorism;
            (3) use for administrative purposes, on a reimbursable 
        basis, the available services, equipment, personnel, and 
        facilities of Federal, State, and local agencies;
            (4) procure the services of experts and consultants in 
        accordance with section 3109 of title 5, United States Code, 
        relating to appointments in the Federal Service, at rates of 
        compensation for individuals not to exceed the daily equivalent 
        of the rate of pay payable for a position at level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code; and
            (5) use the mails in the same manner as any other department 
        or agency of the executive branch.

    (e) Consultation With Commission.--The Office and the Coordinator 
shall regularly consult with and strive to implement the recommendations 
of the Commission on the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism, established under subtitle E of this title.
    (f) Annual Report on Strategic Plan.--For fiscal year 2009 and each 
fiscal year thereafter, the Coordinator shall submit to Congress, at the 
same time as the submission of the budget for that fiscal year under 
title 31, United States Code, a report on the strategy and policies 
developed pursuant to subsection (c)(2), together with any 
recommendations of the Coordinator for legislative changes that the 
Coordinator considers appropriate with respect to such strategy and 
policies and their implementation or the Office of the Coordinator.
    (g) Participation in National Security Council and Homeland Security 
Council.--Section 101 of the National Security Act of 1947 (50 U.S.C. 
402) is amended--
            (1) by redesignating the last subsection (added as ``(i)'' 
        by section 301 of Public Law 105-292) as subsection (k); and
            (2) by adding at the end the following:

    ``(l) Participation of Coordinator for the Prevention of Weapons of 
Mass Destruction Proliferation and Terrorism.--The United States 
Coordinator for the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism (or, in the Coordinator's absence, the 
Deputy United States Coordinator) may, in the performance of the 
Coordinator's duty as principal advisor to the President on all matters 
relating to the prevention of weapons of mass destruction proliferation 
and terrorism, and, subject to the direction of the President, attend 
and participate in meetings of the National Security Council and the 
Homeland Security Council.''.
SEC. 1842. <<NOTE: 50 USC 2932.>> SENSE OF CONGRESS ON UNITED 
                          STATES-RUSSIA COOPERATION AND 
                          COORDINATION ON THE PREVENTION OF 
                          WEAPONS OF MASS DESTRUCTION 
                          PROLIFERATION AND TERRORISM.

    It is the sense of the Congress that, as soon as practical, the 
President should engage the President of the Russian Federation in a 
discussion of the purposes and goals for the establishment

[[Page 121 STAT. 501]]

of the Office of the United States Coordinator for the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism (in this section 
referred to as the ``Office''), the authorities and responsibilities of 
the United States Coordinator for the Prevention of Weapons of Mass 
Destruction Proliferation and Terrorism (in this section referred to as 
the ``United States Coordinator''), and the importance of strong 
cooperation between the United States Coordinator and a senior official 
of the Russian Federation having authorities and responsibilities for 
preventing weapons of mass destruction proliferation and terrorism 
commensurate with those of the United States Coordinator, and with whom 
the United States Coordinator should coordinate planning and 
implementation of activities within and outside of the Russian 
Federation having the purpose of preventing weapons of mass destruction 
proliferation and terrorism.

Subtitle E--Commission on the Prevention of Weapons of Mass Destruction 
                       Proliferation and Terrorism

SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION OF 
                          WEAPONS OF MASS DESTRUCTION 
                          PROLIFERATION AND TERRORISM.

    There is established the Commission on the Prevention of Weapons of 
Mass Destruction Proliferation and Terrorism (in this subtitle referred 
to as the ``Commission'').
SEC. 1852. PURPOSES OF COMMISSION.

    (a) In General.--The purposes of the Commission are to--
            (1) assess current activities, initiatives, and programs to 
        prevent weapons of mass destruction proliferation and terrorism; 
        and
            (2) provide a clear and comprehensive strategy and concrete 
        recommendations for such activities, initiatives, and programs.

    (b) In Particular.--The Commission shall give particular attention 
to activities, initiatives, and programs to secure all nuclear weapons-
usable material around the world and to significantly accelerate, 
expand, and strengthen, on an urgent basis, United States and 
international efforts to prevent, stop, and counter the spread of 
nuclear weapons capabilities and related equipment, material, and 
technology to terrorists and states of concern.
SEC. 1853. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 9 members, of 
whom--
            (1) 1 member shall be appointed by the leader of the Senate 
        of the Democratic Party (majority or minority leader, as the 
        case may be), with the concurrence of the leader of the House of 
        Representatives of the Democratic party (majority or minority 
        leader as the case may be), who shall serve as chairman of the 
        Commission;
            (2) 2 members shall be appointed by the senior member of the 
        Senate leadership of the Democratic party;
            (3) 2 members shall be appointed by the senior member of the 
        Senate leadership of the Republican party;

[[Page 121 STAT. 502]]

            (4) 2 members shall be appointed by the senior member of the 
        leadership of the House of Representatives of the Democratic 
        party; and
            (5) 2 members shall be appointed by the senior member of the 
        leadership of the House of Representatives of the Republican 
        party.

    (b) Qualifications.--It is the sense of Congress that individuals 
appointed to the Commission should be prominent United States citizens, 
with significant depth of experience in the nonproliferation or arms 
control fields.
    (c) Deadline for Appointment.--All members of the Commission shall 
be appointed within 90 days of the date of the enactment of this Act.
    (d) Initial Meeting.--The Commission shall meet and begin the 
operations of the Commission as soon as practicable.
    (e) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the chairman or a majority of its members. 
Six members of the Commission shall constitute a quorum. Any vacancy in 
the Commission shall not affect its powers, but shall be filled in the 
same manner in which the original appointment was made.
SEC. 1854. RESPONSIBILITIES OF COMMISSION.

    (a) In General.--The Commission shall address--
            (1) the roles, missions, and structure of all relevant 
        government departments, agencies, and other actors, including 
        the Office of the United States Coordinator for the Prevention 
        of Weapons of Mass Destruction Proliferation and Terrorism 
        established under subtitle D of this title;
            (2) inter-agency coordination;
            (3) United States commitments to international regimes and 
        cooperation with other countries; and
            (4) the threat of weapons of mass destruction proliferation 
        and terrorism to the United States and its interests and allies, 
        including the threat posed by black-market networks, and the 
        effectiveness of the responses by the United States and the 
        international community to such threats.

    (b) Follow-on Baker-Cutler Report.--The Commission shall also 
reassess, and where necessary update and expand on, the conclusions and 
recommendations of the report titled ``A Report Card on the Department 
of Energy's Nonproliferation Programs with Russia'' of January 2001 
(also known as the ``Baker-Cutler Report'') and implementation of such 
recommendations.
SEC. 1855. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission or, on the authority of 
the Commission, any subcommittee or member thereof, may, for the purpose 
of carrying out this subtitle, hold such hearings and sit and act at 
such times and places, take such testimony, receive such evidence, and 
administer such oaths as the Commission or such designated subcommittee 
or designated member may determine advisable.
    (b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriations Acts, enter into contracts to 
enable the Commission to discharge its duties under this subtitle.
    (c) Staff of Commission.--

[[Page 121 STAT. 503]]

            (1) Appointment and compensation.--The chairman of the 
        Commission, in accordance with rules agreed upon by the 
        Commission, may appoint and fix the compensation of a staff 
        director and such other personnel as may be necessary to enable 
        the Commission to carry out its functions, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 of 
        such title relating to classification and General Schedule pay 
        rates, except that no rate of pay fixed under this subsection 
        may exceed the equivalent of that payable for a position at 
        level V of the Executive Schedule under section 5316 of title 5, 
        United States Code.
            (2) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                employees of the Commission shall be employees under 
                section 2105 of title 5, United States Code, for 
                purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 
                of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
            (3) Detailees.--Any Federal Government employee may be 
        detailed to the Commission without reimbursement from the 
        Commission, and such detailee shall retain the rights, status, 
        and privileges of his or her regular employment without 
        interruption.
            (4) Consultant services.--The Commission may procure the 
        services of experts and consultants in accordance with section 
        3109 of title 5, United States Code, but at rates not to exceed 
        the daily rate paid a person occupying a position at level IV of 
        the Executive Schedule under section 5315 of title 5, United 
        States Code.
            (5) Emphasis on security clearances.--Emphasis shall be made 
        to hire employees and retain contractors and detailees with 
        active security clearances.

    (d) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of this subtitle. 
        Each department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, suggestions, 
        estimates, and statistics directly to the Commission, upon 
        request made by the chairman, the chairman of any subcommittee 
        created by a majority of the Commission, or any member 
        designated by a majority of the Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.

    (e) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission

[[Page 121 STAT. 504]]

        on a reimbursable basis administrative support and other 
        services for the performance of the Commission's functions.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and agencies 
        of the United States may provide to the Commission such 
        services, funds, facilities, staff, and other support services 
        as they may determine advisable and as may be authorized by law.

    (f) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (g) Postal Services.--The Commission may use the United States mails 
in the same manner and under the same conditions as departments and 
agencies of the United States.
SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Commission.
    (b) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate; and
            (2) release public versions of the report required under 
        section 1857.

    (c) Public Hearings.--Any public hearings of the Commission shall be 
conducted in a manner consistent with the protection of information 
provided to or developed for or by the Commission as required by any 
applicable statute, regulation, or Executive order.
SEC. 1857. REPORT.

    Not later than 180 days after the appointment of the Commission, the 
Commission shall submit to the President and Congress a final report 
containing such findings, conclusions, and recommendations for 
corrective measures as have been agreed to by a majority of Commission 
members.
SEC. 1858. TERMINATION.

    (a) In General.--The Commission, and all the authorities of this 
subtitle, shall terminate 60 days after the date on which the final 
report is submitted under section 1857.
    (b) Administrative Activities Before Termination.--The Commission 
may use the 60-day period referred to in subsection (a) for the purpose 
of concluding its activities, including providing testimony to 
committees of Congress concerning its report and disseminating the final 
report.
SEC. 1859. FUNDING.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary for the purposes of the activities of the Commission 
under this title.
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.

[[Page 121 STAT. 505]]

   TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

SEC. 1901. <<NOTE: 6 USC 195c note.>> PROMOTING ANTITERRORISM 
                          CAPABILITIES THROUGH INTERNATIONAL 
                          COOPERATION.

    (a) Findings.--Congress finds the following:
            (1) The development and implementation of technology is 
        critical to combating terrorism and other high consequence 
        events and implementing a comprehensive homeland security 
        strategy.
            (2) The United States and its allies in the global war on 
        terrorism share a common interest in facilitating research, 
        development, testing, and evaluation of equipment, capabilities, 
        technologies, and services that will aid in detecting, 
        preventing, responding to, recovering from, and mitigating 
        against acts of terrorism.
            (3) Certain United States allies in the global war on 
        terrorism, including Israel, the United Kingdom, Canada, 
        Australia, and Singapore have extensive experience with, and 
        technological expertise in, homeland security.
            (4) The United States and certain of its allies in the 
        global war on terrorism have a history of successful 
        collaboration in developing mutually beneficial equipment, 
        capabilities, technologies, and services in the areas of 
        defense, agriculture, and telecommunications.
            (5) The United States and its allies in the global war on 
        terrorism will mutually benefit from the sharing of 
        technological expertise to combat domestic and international 
        terrorism.
            (6) The establishment of an office to facilitate and support 
        cooperative endeavors between and among government agencies, 
        for-profit business entities, academic institutions, and 
        nonprofit entities of the United States and its allies will 
        safeguard lives and property worldwide against acts of terrorism 
        and other high consequence events.

    (b) Promoting Antiterrorism Through International Cooperation Act.--
            (1) In general.--Title III of the Homeland Security Act of 
        2002 (6 U.S.C. 181 et seq.) is amended by adding after section 
        316, as added by section 1101 of this Act, the following:
``SEC. 317. <<NOTE: 6 USC 195c.>> PROMOTING ANTITERRORISM THROUGH 
                        INTERNATIONAL COOPERATION PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director 
        selected under subsection (b)(2).
            ``(2) International cooperative activity.--The term 
        `international cooperative activity' includes--
                    ``(A) coordinated research projects, joint research 
                projects, or joint ventures;
                    ``(B) joint studies or technical demonstrations;
                    ``(C) coordinated field exercises, scientific 
                seminars, conferences, symposia, and workshops;
                    ``(D) training of scientists and engineers;

[[Page 121 STAT. 506]]

                    ``(E) visits and exchanges of scientists, engineers, 
                or other appropriate personnel;
                    ``(F) exchanges or sharing of scientific and 
                technological information; and
                    ``(G) joint use of laboratory facilities and 
                equipment.

    ``(b) Science and Technology Homeland Security International 
Cooperative Programs Office.--
            ``(1) Establishment.--The Under Secretary shall establish 
        the Science and Technology Homeland Security International 
        Cooperative Programs Office.
            ``(2) Director.--The Office shall be headed by a Director, 
        who--
                    ``(A) shall be selected, in consultation with the 
                Assistant Secretary for International Affairs, by and 
                shall report to the Under Secretary; and
                    ``(B) may be an officer of the Department serving in 
                another position.
            ``(3) Responsibilities.--
                    ``(A) Development of mechanisms.--The Director shall 
                be responsible for developing, in coordination with the 
                Department of State and, as appropriate, the Department 
                of Defense, the Department of Energy, and other Federal 
                agencies, understandings and agreements to allow and to 
                support international cooperative activity in support of 
                homeland security.
                    ``(B) Priorities.--The Director shall be responsible 
                for developing, in coordination with the Office of 
                International Affairs and other Federal agencies, 
                strategic priorities for international cooperative 
                activity for the Department in support of homeland 
                security.
                    ``(C) Activities.--The Director shall facilitate the 
                planning, development, and implementation of 
                international cooperative activity to address the 
                strategic priorities developed under subparagraph (B) 
                through mechanisms the Under Secretary considers 
                appropriate, including grants, cooperative agreements, 
                or contracts to or with foreign public or private 
                entities, governmental organizations, businesses 
                (including small businesses and socially and 
                economically disadvantaged small businesses (as those 
                terms are defined in sections 3 and 8 of the Small 
                Business Act (15 U.S.C. 632 and 637), respectively)), 
                federally funded research and development centers, and 
                universities.
                    ``(D) Identification of partners.--The Director 
                shall facilitate the matching of United States entities 
                engaged in homeland security research with non-United 
                States entities engaged in homeland security research so 
                that they may partner in homeland security research 
                activities.
            ``(4) Coordination.--The Director shall ensure that the 
        activities under this subsection are coordinated with the Office 
        of International Affairs and the Department of State and, as 
        appropriate, the Department of Defense, the Department of 
        Energy, and other relevant Federal agencies or interagency 
        bodies. The Director may enter into joint activities with other 
        Federal agencies.

    ``(c) Matching Funding.--
            ``(1) In general.--

[[Page 121 STAT. 507]]

                    ``(A) Equitability.--The Director shall ensure that 
                funding and resources expended in international 
                cooperative activity will be equitably matched by the 
                foreign partner government or other entity through 
                direct funding, funding of complementary activities, or 
                the provision of staff, facilities, material, or 
                equipment.
                    ``(B) Grant matching and repayment.--
                          ``(i) In general.--The Secretary may require a 
                      recipient of a grant under this section--
                                    ``(I) to make a matching 
                                contribution of not more than 50 percent 
                                of the total cost of the proposed 
                                project for which the grant is awarded; 
                                and
                                    ``(II) to repay to the Secretary the 
                                amount of the grant (or a portion 
                                thereof), interest on such amount at an 
                                appropriate rate, and such charges for 
                                administration of the grant as the 
                                Secretary determines appropriate.
                          ``(ii) Maximum amount.--The Secretary may not 
                      require that repayment under clause (i)(II) be 
                      more than 150 percent of the amount of the grant, 
                      adjusted for inflation on the basis of the 
                      Consumer Price Index.
            ``(2) Foreign partners.--Partners may include Israel, the 
        United Kingdom, Canada, Australia, Singapore, and other allies 
        in the global war on terrorism as determined to be appropriate 
        by the Secretary of Homeland Security and the Secretary of 
        State.
            ``(3) Loans of equipment.--The Director may make or accept 
        loans of equipment for research and development and comparative 
        testing purposes.

    ``(d) Foreign Reimbursements.--If the Science and Technology 
Homeland Security International Cooperative Programs Office participates 
in an international cooperative activity with a foreign partner on a 
cost-sharing basis, any reimbursements or contributions received from 
that foreign partner to meet its share of the project may be credited to 
appropriate current appropriations accounts of the Directorate of 
Science and Technology.
    ``(e) Report to Congress on International Cooperative Activities.--
Not later than one year after the date of enactment of this section, and 
every 5 years thereafter, the Under Secretary, acting through the 
Director, shall submit to Congress a report containing--
            ``(1) a brief description of each grant, cooperative 
        agreement, or contract made or entered into under subsection 
        (b)(3)(C), including the participants, goals, and amount and 
        sources of funding; and
            ``(2) a list of international cooperative activities 
        underway, including the participants, goals, expected duration, 
        and amount and sources of funding, including resources provided 
        to support the activities in lieu of direct funding.

    ``(f) Animal and Zoonotic Diseases.--As part of the international 
cooperative activities authorized in this section, the Under Secretary, 
in coordination with the Chief Medical Officer, the Department of State, 
and appropriate officials of the Department of Agriculture, the 
Department of Defense, and the Department of Health and Human Services, 
may enter into cooperative activities with foreign countries, including 
African nations, to strengthen

[[Page 121 STAT. 508]]

American preparedness against foreign animal and zoonotic diseases 
overseas that could harm the Nation's agricultural and public health 
sectors if they were to reach the United States.
    ``(g) Construction; Authorities of the Secretary of State.--Nothing 
in this section shall be construed to alter or affect the following 
provisions of law:
            ``(1) Title V of the Foreign Relations Authorization Act, 
        Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
            ``(2) Section 112b(c) of title 1, United States Code.
            ``(3) Section 1(e)(2) of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).
            ``(4) Sections 2 and 27 of the Arms Export Control Act (22 
        U.S.C. 2752 and 22 U.S.C. 2767).
            ``(5) Section 622(c) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2382(c)).

    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.''.
            (2) Technical and conforming amendment.--The table of 
        contents in section 1(b) of the Homeland Security Act of 2002 (6 
        U.S.C. 101 et seq.) is amended by inserting after the item 
        relating to section 316, as added by section 1101 of this Act, 
        the following:

``Sec. 317. Promoting antiterrorism through international cooperation 
           program.''.

SEC. 1902. <<NOTE: 6 USC 195c note.>> TRANSPARENCY OF FUNDS.

    For each Federal award (as that term is defined in section 2 of the 
Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 
6101 note)) under this title or an amendment made by this title, the 
Director of the Office of Management and Budget shall ensure full and 
timely compliance with the requirements of the Federal Funding 
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).

         TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

SEC. 2001. <<NOTE: 22 USC 2151 note.>> SHORT TITLE.

    This title may be cited as the ``9/11 Commission International 
Implementation Act of 2007''.
SEC. 2002. <<NOTE: 22 USC 2151 note.>> DEFINITION.

    In this title, except as otherwise provided, the term ``appropriate 
congressional committees''--
            (1) means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate; and
            (2) includes, for purposes of subtitle D, the Committees on 
        Armed Services of the House of Representatives and of the 
        Senate.

[[Page 121 STAT. 509]]

 Subtitle A--Quality Educational Opportunities in Predominantly Muslim 
                               Countries.

SEC. 2011. <<NOTE: 22 USC 2228 note.>> FINDINGS; POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) The report of the National Commission on Terrorist 
        Attacks Upon the United States stated that ``[e]ducation that 
        teaches tolerance, the dignity and value of each individual, and 
        respect for different beliefs is a key element in any global 
        strategy to eliminate Islamist terrorism''.
            (2) The report of the National Commission on Terrorist 
        Attacks Upon the United States concluded that ensuring 
        educational opportunity is essential to the efforts of the 
        United States to defeat global terrorism and recommended that 
        the United States Government ``should offer to join with other 
        nations in generously supporting [spending funds] . . . directly 
        for building and operating primary and secondary schools in 
        those Muslim states that commit to sensibly investing their own 
        money in public education''.
            (3) While Congress endorsed such a program in the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (Public 
        Law 108-458), such a program has not been established.

    (b) Policy.--It is the policy of the United States--
            (1) to work toward the goal of dramatically increasing the 
        availability of modern basic education through public schools in 
        predominantly Muslim countries, which will reduce the influence 
        of radical madrassas and other institutions that promote 
        religious extremism;
            (2) to join with other countries in generously supporting 
        the International Muslim Youth Opportunity Fund authorized under 
        section 7114 of the Intelligence Reform and Terrorism Prevention 
        Act of 2004, as amended by section 2012 of this Act, with the 
        goal of building and supporting public primary and secondary 
        schools in predominantly Muslim countries that commit to 
        sensibly investing the resources of such countries in modern 
        public education;
            (3) to offer additional incentives to increase the 
        availability of modern basic education in predominantly Muslim 
        countries; and
            (4) to work to prevent financing of educational institutions 
        that support radical Islamic fundamentalism.
SEC. 2012. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.

    Section 7114 of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (22 U.S.C. 2228) is amended to read as follows:
``SEC. 7114. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.

    ``(a) Purpose.--The purpose of this section is to strengthen the 
public educational systems in predominantly Muslim countries by--
            ``(1) authorizing the establishment of an International 
        Muslim Youth Educational Fund through which the United States 
        dedicates resources, either through a separate fund or

[[Page 121 STAT. 510]]

        through an international organization, to assist those countries 
        that commit to education reform; and
            ``(2) providing resources for the Fund and to the President 
        to help strengthen the public educational systems in those 
        countries.

    ``(b) Establishment of Fund.--
            ``(1) Authority.--The President is authorized to establish 
        an International Muslim Youth Opportunity Fund and to carry out 
        programs consistent with paragraph (4) under existing 
        authorities, including the Mutual Educational and Cultural 
        Exchange Act of 1961 (commonly referred to as the `Fulbright-
        Hays Act').
            ``(2) Location.--The Fund may be established--
                    ``(A) as a separate fund in the Treasury; or
                    ``(B) through an international organization or 
                international financial institution, such as the United 
                Nations Educational, Science and Cultural Organization, 
                the United Nations Development Program, or the 
                International Bank for Reconstruction and Development.
            ``(3) Transfers and receipts.--The head of any department, 
        agency, or instrumentality of the United States Government may 
        transfer any amount to the Fund, and the Fund may receive funds 
        from private enterprises, foreign countries, or other entities.
            ``(4) Activities of the fund.--The Fund shall support 
        programs described in this paragraph to improve the education 
        environment in predominantly Muslim countries.
                    ``(A) Assistance to enhance modern educational 
                programs.--
                          ``(i) The establishment in predominantly 
                      Muslim countries of a program of reform to create 
                      a modern education curriculum in the public 
                      educational systems in such countries.
                          ``(ii) The establishment or modernization of 
                      educational materials to advance a modern 
                      educational curriculum in such systems.
                          ``(iii) Teaching English to adults and 
                      children.
                          ``(iv) The enhancement in predominantly Muslim 
                      countries of community, family, and student 
                      participation in the formulation and 
                      implementation of education strategies and 
                      programs in such countries.
                    ``(B) Assistance for training and exchange programs 
                for teachers, administrators, and students.--
                          ``(i) The establishment of training programs 
                      for teachers and educational administrators to 
                      enhance skills, including the establishment of 
                      regional centers to train individuals who can 
                      transfer such skills upon return to their 
                      countries.
                          ``(ii) The establishment of exchange programs 
                      for teachers and administrators in predominantly 
                      Muslim countries and with other countries to 
                      stimulate additional ideas and reform throughout 
                      the world, including teacher training exchange 
                      programs focused on primary school teachers in 
                      such countries.
                          ``(iii) The establishment of exchange programs 
                      for primary and secondary students in 
                      predominantly Muslim countries and with other 
                      countries to foster

[[Page 121 STAT. 511]]

                      understanding and tolerance and to stimulate long-
                      standing relationships.
                    ``(C) Assistance targeting primary and secondary 
                students.--
                          ``(i) The establishment in predominantly 
                      Muslim countries of after-school programs, civic 
                      education programs, and education programs 
                      focusing on life skills, such as inter-personal 
                      skills and social relations and skills for healthy 
                      living, such as nutrition and physical fitness.
                          ``(ii) The establishment in predominantly 
                      Muslim countries of programs to improve the 
                      proficiency of primary and secondary students in 
                      information technology skills.
                    ``(D) Assistance for development of youth 
                professionals.--
                          ``(i) The establishment of programs in 
                      predominantly Muslim countries to improve 
                      vocational training in trades to help strengthen 
                      participation of Muslims and Arabs in the economic 
                      development of their countries.
                          ``(ii) The establishment of programs in 
                      predominantly Muslim countries that target older 
                      Muslim youths not in school in such areas as 
                      entrepreneurial skills, accounting, micro-finance 
                      activities, work training, financial literacy, and 
                      information technology.
                    ``(E) Other types of assistance.--
                          ``(i) The translation of foreign books, 
                      newspapers, reference guides, and other reading 
                      materials into local languages.
                          ``(ii) The construction and equipping of 
                      modern community and university libraries.
            ``(5) Authorization of appropriations.--
                    ``(A) In general.--There is authorized to be 
                appropriated to the President to carry out this section 
                such sums as may be necessary for fiscal years 2008, 
                2009, and 2010.
                    ``(B) Availability.--Amounts appropriated pursuant 
                to the authorization of appropriations under subsection 
                (a) are authorized to remain available until expended.
                    ``(C) Additional funds.--Amounts authorized to be 
                appropriated under subsection (a) shall be in addition 
                to amounts otherwise available for such purposes.
            ``(6) Report to congress.--Not later than 180 days after the 
        date of the enactment of this section and annually thereafter 
        until January 30, 2010, the President shall submit to the 
        appropriate congressional committees a report on United States 
        efforts to assist in the improvement of educational 
        opportunities for predominantly Muslim children and youths, 
        including the progress made toward establishing the 
        International Muslim Youth Opportunity Fund.
            ``(7) Appropriate congressional committees defined.--In this 
        subsection, the term `appropriate congressional committees' 
        means the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives and the Committee 
        on Foreign Relations and the Committee on Appropriations of the 
        Senate.''.

[[Page 121 STAT. 512]]

SEC. 2013. ANNUAL REPORT TO CONGRESS.

    (a) In General.--Not later than June 1 of each year until December 
31, 2009, the Secretary of State shall submit to the appropriate 
congressional committees a report on the efforts of predominantly Muslim 
countries to increase the availability of modern basic education and to 
close educational institutions that promote religious extremism and 
terrorism.
    (b) Contents.--Each report shall include--
            (1) a list of predominantly Muslim countries that are making 
        serious and sustained efforts to improve the availability of 
        modern basic education and to close educational institutions 
        that promote religious extremism and terrorism;
            (2) a list of such countries that are making efforts to 
        improve the availability of modern basic education and to close 
        educational institutions that promote religious extremism and 
        terrorism, but such efforts are not serious and sustained;
            (3) a list of such countries that are not making efforts to 
        improve the availability of modern basic education and to close 
        educational institutions that promote religious extremism and 
        terrorism; and
            (4) an assessment for each country specified in each of 
        paragraphs (1), (2), and (3) of the role of United States 
        assistance with respect to the efforts made or not made to 
        improve the availability of modern basic education and close 
        educational institutions that promote religious extremism and 
        terrorism.
SEC. 2014. <<NOTE: 22 USC 2452c note.>> EXTENSION OF PROGRAM TO 
                          PROVIDE GRANTS TO AMERICAN-SPONSORED 
                          SCHOOLS IN PREDOMINANTLY MUSLIM 
                          COUNTRIES TO PROVIDE SCHOLARSHIPS.

    (a) Findings.--Congress finds the following:
            (1) Section 7113 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (Public Law 108-458; 22 U.S.C. 2452 note) 
        authorized the establishment of a pilot program to provide 
        grants to American-sponsored schools in predominantly Muslim 
        countries so that such schools could provide scholarships to 
        young people from lower-income and middle-income families in 
        such countries to attend such schools, where they could improve 
        their English and be exposed to a modern education.
            (2) Since the date of the enactment of that section, the 
        Middle East Partnership Initiative has pursued implementation of 
        that program.

    (b) Extension of Program.--
            (1) In general.--Section 7113 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 <<NOTE: 22 USC 2452 note.>> is 
        amended--
                    (A) in the section heading by striking ``pilot''; 
                and
                    (B) in subsection (c)--
                          (i) in the subsection heading, by striking 
                      ``Pilot''; and
                          (ii) by striking ``pilot'';
                    (C) in subsection (d), by striking ``pilot'' each 
                place it appears;
                    (D) in subsection (f) by striking ``pilot'';
                    (E) in subsection (g), in the first sentence--
                          (i) by inserting ``and April 15, 2008,'' after 
                      ``April 15, 2006,''; and
                          (ii) by striking ``pilot''; and
                    (F) in subsection (h)--

[[Page 121 STAT. 513]]

                          (i) by striking ``2005 and 2006'' and 
                      inserting ``2007 and 2008''; and
                          (ii) by striking ``pilot''.
            (2) Conforming amendment.--Section 1(b) of such Act is 
        amended, in the table of contents, by striking the item relating 
        to section 7113 and inserting after section 7112 the following 
        new item:

``7113. Program to provide grants to American-sponsored schools in 
           predominantly Muslim countries to provide scholarships.''.

 Subtitle B--Democracy and Development in the Broader Middle East Region

SEC. 2021. <<NOTE: 22 USC 2151 note.>> MIDDLE EAST FOUNDATION.

    (a) Purposes.--The purposes of this section are to support, through 
the provision of grants, technical assistance, training, and other 
programs, in the countries of the broader Middle East region, the 
expansion of--
            (1) civil society;
            (2) opportunities for political participation for all 
        citizens;
            (3) protections for internationally recognized human rights, 
        including the rights of women;
            (4) educational system reforms;
            (5) independent media;
            (6) policies that promote economic opportunities for 
        citizens;
            (7) the rule of law; and
            (8) democratic processes of government.

    (b) Middle East Foundation.--
            (1) Designation.--The Secretary of State is authorized to 
        designate an appropriate private, nonprofit organization that is 
        organized or incorporated under the laws of the United States or 
        of a State as the Middle East Foundation (referred to in this 
        section as the ``Foundation'').
            (2) Funding.--
                    (A) Authority.--The Secretary of State is authorized 
                to provide funding to the Foundation through the Middle 
                East Partnership Initiative of the Department of State. 
                Notwithstanding any other provision of law, the 
                Foundation shall use amounts provided under this 
                paragraph to carry out the purposes specified in 
                subsection (a), including through making grants, using 
                such funds as an endowment, and providing other 
                assistance to entities to carry out programs for such 
                purposes.
                    (B) Funding from other sources.--In determining the 
                amount of funding to provide to the Foundation, the 
                Secretary of State shall take into consideration the 
                amount of funds that the Foundation has received from 
                sources other than the United States Government.
            (3) Notification to congressional committees.--The Secretary 
        of State shall notify the appropriate congressional committees 
        of the designation of an appropriate organization as the 
        Foundation.

    (c) Grants for Projects.--
            (1) Foundation to make grants.--The Secretary of State shall 
        enter into an agreement with the Foundation that requires

[[Page 121 STAT. 514]]

        the Foundation to use the funds provided under subsection (b)(2) 
        to make grants to persons or entities (other than governments or 
        government entities) located in the broader Middle East region 
        or working with local partners based in the broader Middle East 
        region to carry out projects that support the purposes specified 
        in subsection (a).
            (2) Center for public policy.--Under the agreement described 
        in paragraph (1), the Foundation may make a grant to an 
        institution of higher education located in the broader Middle 
        East region to create a center for public policy for the purpose 
        of permitting scholars and professionals from the countries of 
        the broader Middle East region and from other countries, 
        including the United States, to carry out research, training 
        programs, and other activities to inform public policymaking in 
        the broader Middle East region and to promote broad economic, 
        social, and political reform for the people of the broader 
        Middle East region.
            (3) Applications for grants.--An entity seeking a grant from 
        the Foundation under this section shall submit an application to 
        the head of the Foundation at such time, in such manner, and 
        containing such information as the head of the Foundation may 
        reasonably require.

    (d) Private Character of the Foundation.--Nothing in this section 
shall be construed to--
            (1) make the Foundation an agency or establishment of the 
        United States Government, or to make the officers or employees 
        of the Foundation officers or employees of the United States for 
        purposes of title 5, United States Code; or
            (2) impose any restriction on the Foundation's acceptance of 
        funds from private and public sources in support of its 
        activities consistent with the purposes specified in subsection 
        (a).

    (e) Limitation on Payments to Foundation Personnel.--No part of the 
funds provided to the Foundation under this section shall inure to the 
benefit of any officer or employee of the Foundation, except as salary 
or reasonable compensation for services.
    (f) Retention of Interest.--The Foundation may hold funds provided 
under this section in interest-bearing accounts prior to the 
disbursement of such funds to carry out the purposes specified in 
subsection (a), and may retain for such purposes any interest earned 
without returning such interest to the Treasury of the United States. 
The Foundation may retain and use such funds as an endowment to carry 
out the purposes specified in subsection (a).
    (g) Financial Accountability.--
            (1) Independent private audits of the foundation.--The 
        accounts of the Foundation shall be audited annually in 
        accordance with generally accepted auditing standards by 
        independent certified public accountants or independent licensed 
        public accountants certified or licensed by a regulatory 
        authority of a State or other political subdivision of the 
        United States. The report of the independent audit shall be 
        included in the annual report required by subsection (h).
            (2) GAO audits.--The financial transactions undertaken 
        pursuant to this section by the Foundation may be audited by the 
        Government Accountability Office in accordance with

[[Page 121 STAT. 515]]

        such principles and procedures and under such rules and 
        regulations as may be prescribed by the Comptroller General of 
        the United States.
            (3) Audits of grant recipients.--
                    (A) In general.--A recipient of a grant from the 
                Foundation shall agree to permit an audit of the books 
                and records of such recipient related to the use of the 
                grant funds.
                    (B) Recordkeeping.--Such recipient shall maintain 
                appropriate books and records to facilitate an audit 
                referred to in subparagraph (A), including--
                          (i) separate accounts with respect to the 
                      grant funds;
                          (ii) records that fully disclose the use of 
                      the grant funds;
                          (iii) records describing the total cost of any 
                      project carried out using grant funds; and
                          (iv) the amount and nature of any funds 
                      received from other sources that were combined 
                      with the grant funds to carry out a project.

    (h) Annual Reports.--Not later than January 31, 2008, and annually 
thereafter, the Foundation shall submit to the appropriate congressional 
committees and make available to the public a report that includes, for 
the fiscal year prior to the fiscal year in which the report is 
submitted, a comprehensive and detailed description of--
            (1) the operations and activities of the Foundation that 
        were carried out using funds provided under this section;
            (2) grants made by the Foundation to other entities with 
        funds provided under this section;
            (3) other activities of the Foundation to further the 
        purposes specified in subsection (a); and
            (4) the financial condition of the Foundation.

    (i) Broader Middle East Region Defined.--In this section, the term 
``broader Middle East region'' means Afghanistan, Algeria, Bahrain, 
Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, 
Pakistan, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, 
West Bank and Gaza, and Yemen.
    (j) Repeal.--Section 534(k) of Public Law 109-102 is repealed.

         Subtitle C--Reaffirming United States Moral Leadership

SEC. 2031. <<NOTE: 22 USC 6216 note.>> ADVANCING UNITED STATES 
                          INTERESTS THROUGH PUBLIC DIPLOMACY.

    (a) Finding.--Congress finds that the report of the National 
Commission on Terrorist Attacks Upon the United States stated that 
``Recognizing that Arab and Muslim audiences rely on satellite 
television and radio, the government has begun some promising 
initiatives in television and radio broadcasting to the Arab world, 
Iran, and Afghanistan. These efforts are beginning to reach large 
audiences. The Broadcasting Board of Governors has asked for much larger 
resources. It should get them.''.
    (b) Sense of Congress.--It is the sense of Congress that--

[[Page 121 STAT. 516]]

            (1) the United States needs to improve its communication of 
        information and ideas to people in foreign countries, 
        particularly in countries with significant Muslim populations; 
        and
            (2) public diplomacy should reaffirm the paramount 
        commitment of the United States to democratic principles, 
        including preserving the civil liberties of all the people of 
        the United States, including Muslim-Americans.

    (c) Special Authority for Surge Capacity.--The United States 
International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is 
amended by adding at the end the following new section:
``SEC. 316. <<NOTE: 22 USC 6216.>> SPECIAL AUTHORITY FOR SURGE 
                        CAPACITY.

    ``(a) Emergency Authority.--
            ``(1) In general.--Whenever the President determines it to 
        be important to the national interests of the United States and 
        so certifies to the appropriate congressional committees, the 
        President, on such terms and conditions as the President may 
        determine, is authorized to direct any department, agency, or 
        other entity of the United States to furnish the Broadcasting 
        Board of Governors with such assistance outside the United 
        States as may be necessary to provide international broadcasting 
        activities of the United States with a surge capacity to support 
        United States foreign policy objectives during a crisis abroad.
            ``(2) Supersedes existing law.--The authority of paragraph 
        (1) shall supersede any other provision of law.
            ``(3) Surge capacity defined.--In this subsection, the term 
        `surge capacity' means the financial and technical resources 
        necessary to carry out broadcasting activities in a geographical 
        area during a crisis abroad.
            ``(4) Duration.--The President is authorized to exercise the 
        authority provided in subsection (a)(1) for a period of up to 
        six months, which may be renewed for one additional six month 
        period.

    ``(b) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the President such sums as may be necessary for the President 
        to carry out this section, except that no such amount may be 
        appropriated which, when added to amounts previously 
        appropriated for such purpose but not yet obligated, would cause 
        such amounts to exceed $25,000,000.
            ``(2) Availability of funds.--Amounts appropriated pursuant 
        to the authorization of appropriations in this subsection are 
        authorized to remain available until expended.
            ``(3) Designation of appropriations.--Amounts appropriated 
        pursuant to the authorization of appropriations in this 
        subsection may be referred to as the `United States 
        International Broadcasting Surge Capacity Fund'.

    ``(c) Report.--The annual report submitted to the President and 
Congress by the Broadcasting Board of Governors under section 305(a)(9) 
shall provide a detailed description of any activities carried out under 
this section.''.
SEC. 2032. <<NOTE: 22 USC 6204 note.>> OVERSIGHT OF INTERNATIONAL 
                          BROADCASTING.

    (a) Transcription of <<NOTE: Deadline.>> Persian and Arabic Language 
Broadcasts.--Not later than 90 days after the date of the enactment of 
this Act, the Broadcasting Board of Governors shall initiate a pilot 
project to transcribe into the English language news and

[[Page 121 STAT. 517]]

information programming broadcast by Radio Farda, Radio Sawa, the 
Persian Service of the Voice of America, and Alhurra.
    (b) Random Sampling; Public Availability.--The transcription 
required under subsection (a) shall consist of a random sampling of such 
programming. The transcripts shall be available to Congress and the 
public on the Internet site of the Board.
    (c) Report.--Not later than May 1, 2008, the Chairman of the 
Broadcasting Board of Governors shall submit to the Committee on Foreign 
Affairs of the House of Representatives and Committee on Foreign 
Relations of the Senate a report on the feasibility and utility of 
continuing the pilot project required under subsection (a).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the ``International Broadcasting Operations'' account of 
the Broadcasting Board of Governors $2,000,000 for fiscal year 2008 to 
carry out the pilot project required under subsection (a).
SEC. 2033. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, AND 
                          LIBRARY PROGRAMS IN PREDOMINANTLY MUSLIM 
                          COUNTRIES.

    (a) Report; Certification.--Not later than 30 days after the date of 
the enactment of this Act and every 180 days thereafter until December 
31, 2009, the Secretary of State shall submit to the appropriate 
congressional committees a report on the recommendations of the National 
Commission on Terrorist Attacks Upon the United States and the policy 
goals described in section 7112 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) for expanding United States 
scholarship, exchange, and library programs in predominantly Muslim 
countries. Such report shall include--
            (1) a certification by the Secretary of State that such 
        recommendations have been implemented; or
            (2) if the Secretary of State is unable to make the 
        certification described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary of State expects such 
                recommendations to be implemented and such policy goals 
                to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary of State considers necessary to 
                implement such recommendations and achieve such policy 
                goals.

    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of State submits 
a certification pursuant to paragraph (1) of such subsection.
SEC. 2034. <<NOTE: 42 USC 2000dd note.>> UNITED STATES POLICY 
                          TOWARD DETAINEES.

    (a) Findings.--Congress finds the following:
            (1) The National Commission on Terrorist Attacks Upon the 
        United States (commonly referred to as the ``9/11 Commission'') 
        declared that the United States ``should work with friends to 
        develop mutually agreed-on principles for the detention and 
        humane treatment of captured international terrorists who are 
        not being held under a particular country's criminal laws'' and 
        recommended that the United States engage its allies

[[Page 121 STAT. 518]]

        ``to develop a common coalition approach toward the detention 
        and humane treatment of captured terrorists''.
            (2) A number of investigations remain ongoing by countries 
        that are close United States allies in the war on terrorism 
        regarding the conduct of officials, employees, and agents of the 
        United States and of other countries related to conduct 
        regarding detainees.
            (3) The Secretary of State has launched an initiative to try 
        to address the differences between the United States and many of 
        its allies regarding the treatment of detainees.

    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary, acting through the Legal Adviser of the Department of State, 
should continue to build on the Secretary's efforts to engage United 
States allies to develop a common coalition approach, in compliance with 
Common Article 3 of the Geneva Conventions and other applicable legal 
principles, toward the detention and humane treatment of individuals 
detained during Operation Iraqi Freedom, Operation Enduring Freedom, or 
in connection with United States counterterrorist operations.
    (c) Reporting to Congress.--
            (1) Briefings.--The Secretary of State shall keep the 
        appropriate congressional committees fully and currently 
        informed of the progress of any discussions between the United 
        States and its allies regarding the development of the common 
        coalition approach described in subsection (b).
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of State, in consultation 
        with the Attorney General and the Secretary of Defense, shall 
        submit to the appropriate congressional committees a report on 
        any progress towards developing the common coalition approach 
        described in subsection (b).

    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) with respect to the House of Representatives, the 
        Committee on Foreign Affairs, the Committee on Armed Services, 
        the Committee on the Judiciary, and the Permanent Select 
        Committee on Intelligence; and
            (2) with respect to the Senate, the Committee on Foreign 
        Relations, the Committee on Armed Services, the Committee on the 
        Judiciary, and the Select Committee on Intelligence.

Subtitle D--Strategy <<NOTE: Taliban. al Qaeda.>> for the United States 
Relationship With Afghanistan, Pakistan, and Saudi Arabia
SEC. 2041. <<NOTE: 42 USC 7511 note.>> AFGHANISTAN.

    (a) Congressional Findings.--Congress finds the following:
            (1) A democratic, stable, and prosperous Afghanistan is 
        vital to the national security of the United States and to 
        combating international terrorism.
            (2) Following the ouster of the Taliban regime in 2001, the 
        Government of Afghanistan, with assistance from the United 
        States and the international community, has achieved some 
        notable successes, including--
                    (A) adopting a constitution;

[[Page 121 STAT. 519]]

                    (B) holding presidential, parliamentary, and 
                provincial council elections;
                    (C) improving the protection of human rights, 
                including women's rights; and
                    (D) expanding educational opportunities.
            (3) The following factors pose a serious and immediate 
        threat to the stability of Afghanistan:
                    (A) Taliban and anti-government forces, al Qaeda, 
                and criminal networks.
                    (B) Drug trafficking and corruption.
                    (C) Weak institutions of administration, security, 
                and justice, including pervasive lack of the rule of 
                law.
                    (D) Poverty, unemployment, and lack of provision of 
                basic services.
            (4) The United States and the international community must 
        significantly increase political, economic, and military support 
        to Afghanistan to ensure its long-term stability and prosperity, 
        and to deny violent extremist groups such as al Qaeda sanctuary 
        in Afghanistan.

    (b) Statements of Policy.--The following shall be the policies of 
the United States:
            (1) The United States shall vigorously support the people 
        and Government of Afghanistan as they continue to commit to the 
        path toward a government representing and protecting the rights 
        of all Afghans, and shall maintain its long-term commitment to 
        the people of Afghanistan by increased assistance and the 
        continued deployment of United States troops in Afghanistan as 
        long as the Government of Afghanistan supports such United 
        States involvement.
            (2) In order to reduce the ability of the Taliban and al 
        Qaeda to finance their operations through the opium trade, the 
        President shall engage aggressively with the Government of 
        Afghanistan, countries in the region or otherwise influenced by 
        the trade and transit of narcotics, as well as North Atlantic 
        Treaty Organization (NATO) partners of the United States, and in 
        consultation with Congress, to assess the success of the current 
        Afghan counter-narcotics strategy and to explore additional 
        options for addressing the narcotics crisis in Afghanistan, 
        including possible changes in rules of engagement for NATO and 
        Coalition forces for participation in actions against narcotics 
        trafficking and kingpins, and the provision of comprehensive 
        assistance to farmers who rely on opium for their livelihood, 
        including through the promotion of alternative crops and 
        livelihoods.
            (3) The United States shall continue to work with and 
        provide assistance to the Government of Afghanistan to 
        strengthen local and national government institutions and the 
        rule of law, including the training of judges and prosecutors, 
        and to train and equip the Afghan National Security Forces.
            (4) The United States shall continue to call on NATO members 
        participating in operations in Afghanistan to meet their 
        commitments to provide forces and equipment, and to lift 
        restrictions on how such forces can be deployed.
            (5) The United States shall continue to foster greater 
        understanding and cooperation between the Governments of 
        Afghanistan and Pakistan by taking the following actions:

[[Page 121 STAT. 520]]

                    (A) Facilitating greater communication, including 
                through official mechanisms such as the Tripartite 
                Commission and the Joint Intelligence Operations Center, 
                and by promoting other forms of exchange between the 
                parliaments and civil society of the two countries.
                    (B) Urging the Government of Afghanistan to enter 
                into a political dialogue with Pakistan with respect to 
                all issues relating to the border between the two 
                countries, with the aim of establishing a mutually-
                recognized and monitored border, open to human and 
                economic exchange, and with both countries fully 
                responsible for border security.

    (c) Statement of Congress.--Congress strongly urges that the 
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) be 
reauthorized and updated to take into account new developments in 
Afghanistan and in the region so as to demonstrate the continued support 
by the United States for the people and Government of Afghanistan.
    (d) Emergency Increase in Effective Police Training and Policing 
Operations.--
            (1) Congressional finding.--Congress finds that police 
        training programs in Afghanistan have achieved far less return 
        on substantial investment to date and require a substantive 
        review and justification of the means and purposes of such 
        assistance, consequent to any provision of additional resources.
            (2) Assistance authorized.--The President shall make 
        increased efforts, on an urgent basis, to--
                    (A) dramatically improve the capability and 
                effectiveness of United States and international police 
                trainers, mentors, and police personnel for police 
                training programs in Afghanistan, as well as develop a 
                pretraining screening program;
                    (B) increase the numbers of such trainers, mentors, 
                and personnel only if such increase is determined to 
                improve the performance and capabilities of the 
                Afghanistan civil security forces; and
                    (C) assist the Government of Afghanistan, in 
                conjunction with the Afghanistan civil security forces 
                and their leadership, in addressing the corruption 
                crisis that is threatening to undermine Afghanistan's 
                future.
            (3) Report.--Not later than 180 days after the date of the 
        enactment of this Act, and every 6 months thereafter until 
        September 30, 2010, the President shall transmit to the 
        appropriate congressional committees a report on United States 
        efforts to fulfill the requirements of this subsection. The 
        report required by this paragraph may be transmitted 
        concurrently with any similar report required by the Afghanistan 
        Freedom Support Act of 2002.
SEC. 2042. <<NOTE: 22 USC 2375 note.>> PAKISTAN.

    (a) Congressional Findings.--Congress finds the following:
            (1) A democratic, stable, and prosperous Pakistan that is a 
        full and reliable partner in the struggle against the Taliban, 
        al Qaeda, and other terrorist groups, and is a responsible 
        steward of its nuclear weapons and technology, is vital to the 
        national security of the United States.

[[Page 121 STAT. 521]]

            (2) Since September 11, 2001, the Government of Pakistan has 
        been a critical ally and an important partner in removing the 
        Taliban regime in Afghanistan and combating al Qaeda.
            (3) Pakistan has made great sacrifices in the shared 
        struggle against al Qaeda-affiliated terrorist groups, engaging 
        in military operations that have led to the deaths of hundreds 
        of Pakistani security personnel and enduring acts of terrorism 
        that have killed hundreds of Pakistani civilians.
            (4) Publicly-stated goals of the Government of Pakistan and 
        the national interests of the United States are in close 
        agreement in many areas, including--
                    (A) curbing the proliferation of nuclear weapons 
                technology;
                    (B) combating poverty and corruption;
                    (C) enabling effective government institutions, 
                including public education;
                    (D) promoting democracy and the rule of law, 
                particularly at the national level;
                    (E) addressing the continued presence of Taliban and 
                other violent extremist forces throughout the country;
                    (F) maintaining the authority of the Government of 
                Pakistan in all parts of its national territory;
                    (G) securing the borders of Pakistan to prevent the 
                movement of militants and terrorists into other 
                countries and territories; and
                    (H) effectively dealing with violent extremism.
            (5) The opportunity exists for shared effort in helping to 
        achieve correlative goals with the Government of Pakistan, 
        particularly--
                    (A) increased United States assistance to Pakistan, 
                as appropriate, to achieve progress in meeting the goals 
                of subparagraphs (A) through (C) of paragraph (4);
                    (B) increased commitment on the part of the 
                Government of Pakistan to achieve the goals of paragraph 
                (4)(D), particularly given continued concerns, based on 
                the conduct of previous elections, regarding whether 
                parliamentary elections scheduled for 2007 will be free, 
                fair, and inclusive of all political parties and carried 
                out in full accordance with internationally-recognized 
                democratic norms; and
                    (C) increased commitment on the part of the 
                Government of Pakistan to take actions described in 
                paragraph (4)(E), particularly given--
                          (i) the continued operation of the Taliban's 
                      Quetta shura, as noted by then-North Atlantic 
                      Treaty Organization Supreme Allied Commander 
                      General James Jones in testimony before the Senate 
                      Foreign Relations Committee on September 21, 2006; 
                      and
                          (ii) the continued operation of al Qaeda 
                      affiliates Lashkar-e Taiba and Jaish-e Muhammad, 
                      sometimes under different names, as demonstrated 
                      by the lack of meaningful action taken against 
                      Hafiz Muhammad Saeed, Maulana Masood Azhar, and 
                      other known leaders and members of such terrorist 
                      organizations; and
                    (D) increased commitment on the part of the 
                Government of the United States in regard to working 
                with all elements of Pakistan society in helping to 
                achieve the

[[Page 121 STAT. 522]]

                correlative goals described in subparagraphs (A) through 
                (H) of paragraph (4).

    (b) Statements of Policy.--The following shall be the policy of the 
United States:
            (1) To maintain and deepen its friendship and long-term 
        strategic relationship with Pakistan.
            (2) To work with the Government of Pakistan to combat 
        international terrorism, especially in the frontier provinces of 
        Pakistan, and to end the use of Pakistan as a safe haven for 
        terrorist groups, including those associated with al Qaeda or 
        the Taliban.
            (3) To support robust funding for programs of the United 
        States Agency for International Development and the Department 
        of State that assist the Government of Pakistan in working 
        toward the goals described in subsection (a)(4), as the 
        Government of Pakistan demonstrates a clear commitment to 
        building a moderate, democratic state.
            (4) To work with the international community to secure 
        additional financial and political support to effectively 
        implement the policies set forth in this subsection.
            (5) To facilitate a just resolution of the dispute over the 
        territory of Kashmir, to the extent that such facilitation is 
        invited and welcomed by the Governments of Pakistan and India 
        and by the people of Kashmir.
            (6) To facilitate greater communication and cooperation 
        between the Governments of Afghanistan and Pakistan for the 
        improvement of bilateral relations and cooperation in combating 
        terrorism in both countries.
            (7) To work with the Government of Pakistan to dismantle 
        existing proliferation networks and prevent the proliferation of 
        nuclear technology.

    (c) Strategy Relating to Pakistan.--
            (1) Requirement for report on strategy.--Not later than 90 
        days after the date of the enactment of this Act, the President 
        shall transmit to the appropriate congressional committees a 
        report that describes the long-term strategy of the United 
        States to engage with the Government of Pakistan to achieve the 
        goals described in subparagraphs (A) through (H) of subsection 
        (a)(4) and to carry out the policies described in subsection 
        (b).
            (2) Form.--The report required by paragraph (1) shall be 
        transmitted in unclassified form, but may include a classified 
        annex, if necessary.

    (d) Limitation on United States Security Assistance to Pakistan.--
            (1) Limitation.--For fiscal year 2008, United States 
        assistance under chapter 2 of part II of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2311 et seq.) or section 23 of the Arms 
        Export Control Act (22 U.S.C. 2763) may not be provided to, and 
        a license for any item controlled under the Arms Export Control 
        Act (22 U.S.C. 2751 et seq.) may not be approved for, Pakistan 
        until the President transmits to the appropriate congressional 
        committees a report that contains a determination of the 
        President that the Government of Pakistan--
                    (A) is committed to eliminating from Pakistani 
                territory any organization such as the Taliban, al 
                Qaeda, or

[[Page 121 STAT. 523]]

                any successor, engaged in military, insurgent, or 
                terrorist activities in Afghanistan;
                    (B) is undertaking a comprehensive military, legal, 
                economic, and political campaign to achieving the goal 
                described in subparagraph (A); and
                    (C) is currently making demonstrated, significant, 
                and sustained progress toward eliminating support or 
                safe haven for terrorists.
            (2) Memorandum of justification.--The President shall 
        include in the report required by paragraph (1) a memorandum of 
        justification setting forth the basis for the President's 
        determination under paragraph (1).
            (3) Form.--The report required by paragraph (1) and the 
        memorandum of justification required by paragraph (2) shall be 
        transmitted in unclassified form, but may include a classified 
        annex, if necessary.

    (e) Nuclear Proliferation.--
            (1) Congressional finding.--Congress finds that the 
        maintenance by any country of a procurement or supply network 
        for the illicit proliferation of nuclear and missile 
        technologies would be inconsistent with that country being 
        considered an ally of the United States.
            (2) Sense of congress.--It is the sense of Congress that the 
        national security interest of the United States will best be 
        served if the United States develops and implements a long-term 
        strategy to improve the United States relationship with Pakistan 
        and works with the Government of Pakistan to stop nuclear 
        proliferation.

    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the President such sums as may be necessary to provide 
        assistance described in subsection (d)(1) for Pakistan for 
        fiscal year 2008 in accordance with the requirements of 
        subsection (d)(1).
            (2) Other funds.--Amounts authorized to be appropriated 
        under this subsection are in addition to amounts otherwise 
        available for such purposes.
            (3) Declaration of policy.--Congress declares that the 
        amount of funds appropriated pursuant to the authorization of 
        appropriations under paragraph (1) and for subsequent fiscal 
        years shall be determined by the extent to which the Government 
        of Pakistan displays demonstrable progress in--
                    (A) preventing al Qaeda and other terrorist 
                organizations from operating in the territory of 
                Pakistan, including eliminating terrorist training camps 
                or facilities, arresting members and leaders of 
                terrorist organizations, and countering recruitment 
                efforts;
                    (B) preventing the Taliban from using the territory 
                of Pakistan as a sanctuary from which to launch attacks 
                within Afghanistan, including by arresting Taliban 
                leaders, stopping cross-border incursions, and 
                countering recruitment efforts; and
                    (C) implementing democratic reforms, including 
                allowing free, fair, and inclusive elections at all 
                levels of government in accordance with internationally-
                recognized democratic norms, and respecting the 
                independence of the press and judiciary.

[[Page 121 STAT. 524]]

            (4) Biannual reports to congress.--
                    (A) In general.--The Secretary of State shall submit 
                to the appropriate congressional committees a biannual 
                report describing in detail the extent to which the 
                Government of Pakistan has displayed demonstrable 
                progress in meeting the goals described in subparagraphs 
                (A) through (C) of paragraph (3).
                    (B) Schedule for submission.--The report required by 
                subparagraph (A) shall be submitted not later than April 
                15 and October 15 of each year until October 15, 2009.
                    (C) Form.--The report required by subparagraph (A) 
                shall be submitted in unclassified form, but may include 
                a classified annex, if necessary.

    (g) Extension of Waivers.--
            (1) Amendments.--The Act entitled ``An Act to authorize the 
        President to exercise waivers of foreign assistance restrictions 
        with respect to Pakistan through September 30, 2003, and for 
        other purposes'', approved October 27, 2001 (Public Law 107-57; 
        115 Stat. 403), is amended--
                    (A) in section 1(b)--
                          (i) in the heading, to read as follows:

    ``(b) Fiscal Years 2007 and 2008--''; and
                          (ii) in paragraph (1), by striking ``any 
                      provision'' and all that follows through ``that 
                      prohibits'' and inserting ``any provision of an 
                      Act making appropriations for foreign operations, 
                      export financing, and related programs 
                      appropriations for fiscal year 2007 or 2008 (or 
                      any other appropriations Act) that prohibits'';
                    (B) in section 3(2), by striking ``Such provision'' 
                and all that follows through ``as are'' and inserting 
                ``Such provision of an Act making appropriations for 
                foreign operations, export financing, and related 
                programs appropriations for fiscal years 2002 through 
                2008 (or any other appropriations Act) as are''; and
                    (C) in section 6, by striking ``the provisions'' and 
                all that follows and inserting ``the provisions of this 
                Act shall terminate on October 1, 2008.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        take effect on October 1, 2006.
            (3) Sense of congress.--It is the sense of Congress that 
        determinations to provide extensions of waivers of foreign 
        assistance prohibitions with respect to Pakistan pursuant to 
        Public Law 107-57 for fiscal years after the fiscal years 
        specified in the amendments made by paragraph (1) to Public Law 
        107-57 should be informed by demonstrable progress in achieving 
        the goals described in subparagraphs (A) through (C) of 
        subsection (f)(3).
SEC. 2043. <<NOTE: 22 USC 2656 note.>> SAUDI ARABIA.

    (a) Congressional Findings.--Congress finds that:
            (1) The National Commission on Terrorist Attacks Upon the 
        United States concluded that the Kingdom of Saudi Arabia has 
        ``been a problematic ally in combating Islamic extremism. At the 
        level of high policy, Saudi Arabia's leaders cooperated with 
        American diplomatic initiatives aimed at the Taliban or

[[Page 121 STAT. 525]]

        Pakistan before 9/11. At the same time, Saudi Arabia's society 
        was a place where al Qaeda raised money directly from 
        individuals and through charities. It was the society that 
        produced 15 of the 19 hijackers.''.
            (2) Saudi Arabia has an uneven record in the fight against 
        terrorism, especially with respect to terrorist financing, 
        support for radical madrassas, a lack of political outlets for 
        its citizens, and restrictions on religious pluralism, that 
        poses a threat to the security of the United States, the 
        international community, and Saudi Arabia itself.
            (3) The National Commission on Terrorist Attacks Upon the 
        United States concluded that the ``problems in the U.S.-Saudi 
        relationship must be confronted, openly''. It recommended that 
        the two countries build a relationship that includes a ``shared 
        commitment to political and economic reform . . . and a shared 
        interest in greater tolerance and cultural respect, translating 
        into a commitment to fight the violent extremists who foment 
        hatred''.
            (4) The United States has a national security interest in 
        working with the Government of Saudi Arabia to combat 
        international terrorists that operate within that country or 
        that operate outside Saudi Arabia with the support of citizens 
        of Saudi Arabia.
            (5) The United States and Saudi Arabia established a 
        Strategic Dialogue in 2005, which provides a framework for the 
        two countries to discuss a range of bilateral issues at high 
        levels, including counterterrorism policy and political and 
        economic reforms.
            (6) It is in the national security interest of the United 
        States to support the Government of Saudi Arabia in undertaking 
        a number of political and economic reforms, including increasing 
        anti-terrorism operations conducted by law enforcement agencies, 
        providing more political and religious rights to its citizens, 
        increasing the rights of women, engaging in comprehensive 
        educational reform, enhancing monitoring of charitable 
        organizations, and promulgating and enforcing domestic laws and 
        regulation on terrorist financing.

    (b) Statement of Policy.--It is the policy of the United States--
            (1) to engage with the Government of Saudi Arabia to openly 
        confront the issue of terrorism, as well as other problematic 
        issues such as the lack of political freedoms;
            (2) to enhance counterterrorism cooperation with the 
        Government of Saudi Arabia; and
            (3) to support the efforts of the Government of Saudi Arabia 
        to make political, economic, and social reforms, including 
        greater religious freedom, throughout the country.

    (c) Progress in Counterterrorism and Other Cooperation.--
            (1) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the President shall transmit to the 
        appropriate congressional committees a report that--
                    (A) describes the long-term strategy of the United 
                States--
                          (i) to engage with the Government of Saudi 
                      Arabia to facilitate political, economic, and 
                      social reforms, including greater religious 
                      freedom, that will enhance

[[Page 121 STAT. 526]]

                      the ability of the Government of Saudi Arabia to 
                      combat international terrorism; and
                          (ii) to work with the Government of Saudi 
                      Arabia to combat terrorism, including through 
                      effective measures to prevent and prohibit the 
                      financing of terrorists by Saudi institutions and 
                      citizens; and
                    (B) provides an assessment of the progress made by 
                Saudi Arabia since 2001 on the matters described in 
                subparagraph (A), including--
                          (i) whether Saudi Arabia has become a party to 
                      the International Convention for the Suppression 
                      of the Financing of Terrorism; and
                          (ii) the activities and authority of the Saudi 
                      Nongovernmental National Commission for Relief and 
                      Charity Work Abroad.
            (2) Form.--The report required by paragraph (1) shall be 
        transmitted in unclassified form, but may include a classified 
        annex, if necessary.

    TITLE XXI--ADVANCING <<NOTE: Advance Democratic Values, Address 
Nondemocratic Countries, and Enhance Democracy Act of 2007.>> DEMOCRATIC 
VALUES
SEC. 2101. <<NOTE: 22 USC 8201 note.>> SHORT TITLE.

    This title may be cited as the ``Advance Democratic Values, Address 
Nondemocratic Countries, and Enhance Democracy Act of 2007'' or the 
``ADVANCE Democracy Act of 2007''.
SEC. 2102. <<NOTE: 22 USC 8201 note.>> FINDINGS.

    Congress finds the following:
            (1) The United States Declaration of Independence, the 
        United States Constitution, and the United Nations Universal 
        Declaration of Human Rights declare that all human beings are 
        created equal and possess certain rights and freedoms, including 
        the fundamental right to participate in the political life and 
        government of their respective countries.
            (2) The development of democracy constitutes a long-term 
        challenge that goes through unique phases and paces in 
        individual countries as such countries develop democratic 
        institutions such as a thriving civil society, a free media, and 
        an independent judiciary, and must be led from within such 
        countries, including by nongovernmental and governmental 
        reformers.
            (3) Individuals, nongovernmental organizations, and 
        movements that support democratic principles, practices, and 
        values are under increasing pressure from some governments of 
        nondemocratic countries (as well as, in some cases, from 
        governments of democratic transition countries), including by 
        using administrative and regulatory mechanisms to undermine the 
        activities of such individuals, organizations, and movements.
            (4) Democratic countries have a number of instruments 
        available for supporting democratic reformers who are committed 
        to promoting effective, nonviolent change in nondemocratic 
        countries and who are committed to keeping their countries on 
        the path to democracy.
            (5) United States efforts to promote democracy and protect 
        human rights can be strengthened to improve assistance for

[[Page 121 STAT. 527]]

        such reformers, including through an enhanced role for United 
        States diplomats when properly trained and given the right 
        incentives.
            (6) The promotion of democracy requires a broad-based effort 
        with cooperation between all democratic countries, including 
        through the Community of Democracies.
SEC. 2103. <<NOTE: 22 USC 8202.>> STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to promote freedom and democracy in foreign countries as 
        a fundamental component of United States foreign policy, along 
        with other key foreign policy goals;
            (2) to affirm fundamental freedoms and internationally 
        recognized human rights in foreign countries, as reflected in 
        the Universal Declaration of Human Rights and the International 
        Covenant on Civil and Political Rights, and to condemn offenses 
        against those freedoms and rights as a fundamental component of 
        United States foreign policy, along with other key foreign 
        policy goals;
            (3) to protect and promote such fundamental freedoms and 
        rights, including the freedoms of association, of expression, of 
        the press, and of religion, and the right to own private 
        property;
            (4) to commit to the long-term challenge of promoting 
        universal democracy by promoting democratic institutions, 
        including institutions that support the rule of law (such as an 
        independent judiciary), an independent and professional media, 
        strong legislatures, a thriving civil society, transparent and 
        professional independent governmental auditing agencies, 
        civilian control of the military, and institutions that promote 
        the rights of minorities and women;
            (5) to use instruments of United States influence to 
        support, promote, and strengthen democratic principles, 
        practices, and values, including the right to free, fair, and 
        open elections, secret balloting, and universal suffrage, 
        including by--
                    (A) providing appropriate support to individuals, 
                nongovernmental organizations, and movements located in 
                nondemocratic countries that aspire to live in freedom 
                and establish full democracy in such countries; and
                    (B) providing political, economic, and other support 
                to foreign countries and individuals, nongovernmental 
                organizations, and movements that are willingly 
                undertaking a transition to democracy; and
            (6) to strengthen cooperation with other democratic 
        countries in order to better promote and defend shared values 
        and ideals.
SEC. 2104. <<NOTE: 22 USC 8203.>> DEFINITIONS.

    In this title:
            (1) Annual report on advancing freedom and democracy.--The 
        term ``Annual Report on Advancing Freedom and Democracy'' refers 
        to the annual report submitted to Congress by the Department of 
        State pursuant to section 665(c) of the Foreign Relations 
        Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 
        U.S.C. 2151n note), in which the Department reports on actions 
        taken by the United States Government to encourage respect for 
        human rights and democracy.

[[Page 121 STAT. 528]]

            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (3) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of State for Democracy, Human 
        Rights, and Labor.
            (4) Community of democracies and community.--The terms 
        ``Community of Democracies'' and ``Community'' mean the 
        association of democratic countries committed to the global 
        promotion of democratic principles, practices, and values, which 
        held its First Ministerial Conference in Warsaw, Poland, in June 
        2000.
            (5) Department.--The term ``Department'' means the 
        Department of State.
            (6) Nondemocratic country or democratic transition 
        country.--The term ``nondemocratic country'' or ``democratic 
        transition country'' shall include any country which is not 
        governed by a fully functioning democratic form of government, 
        as determined by the Secretary, taking into account the general 
        consensus regarding the status of civil and political rights in 
        a country by major nongovernmental organizations that conduct 
        assessments of such conditions in countries and whether the 
        country exhibits the following characteristics:
                    (A) All citizens of such country have the right to, 
                and are not restricted in practice from, fully and 
                freely participating in the political life of such 
                country.
                    (B) The national legislative body of such country 
                and, if directly elected, the head of government of such 
                country, are chosen by free, fair, open, and periodic 
                elections, by universal and equal suffrage, and by 
                secret ballot.
                    (C) More than one political party in such country 
                has candidates who seek elected office at the national 
                level and such parties are not restricted in their 
                political activities or their process for selecting such 
                candidates, except for reasonable administrative 
                requirements commonly applied in countries categorized 
                as fully democratic.
                    (D) All citizens in such country have a right to, 
                and are not restricted in practice from, fully 
                exercising such fundamental freedoms as the freedom of 
                expression, conscience, and peaceful assembly and 
                association, and such country has a free, independent, 
                and pluralistic media.
                    (E) The current government of such country did not 
                come to power in a manner contrary to the rule of law.
                    (F) Such country possesses an independent judiciary 
                and the government of such country generally respects 
                the rule of law.
                    (G) Such country does not violate other core 
                principles enshrined in the United Nations Charter, the 
                Universal Declaration of Human Rights, the International 
                Covenant on Civil and Political Rights, United Nations 
                Commission on Human Rights Resolution 1499/57 (entitled 
                ``Promotion of the Right to Democracy''), and the United 
                Nations General Assembly Resolution 55/96 (entitled 
                ``Promoting and consolidating democracy'').
                    (H) As applicable, whether the country has scored 
                favorably on the political, civil liberties, corruption, 
                and

[[Page 121 STAT. 529]]

                rule of law indicators used to determine eligibility for 
                financial assistance disbursed from the Millennium 
                Challenge Account.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of State.

Subtitle A--Activities <<NOTE: Establishment.>> to Enhance the Promotion 
of Democracy
SEC. 2111. <<NOTE: 22 USC 8211.>> DEMOCRACY PROMOTION AT THE 
                          DEPARTMENT OF STATE.

    (a) Democracy Liaison Officers.--
            (1) In general.--The Secretary of State shall establish and 
        staff Democracy Liaison Officer positions. Democracy Liaison 
        Officers shall serve under the supervision of the Assistant 
        Secretary. Democracy Liaison Officers may be assigned to the 
        following posts:
                    (A) United States missions to, or liaisons with, 
                regional and multilateral organizations, including the 
                United States missions to the European Union, African 
                Union, Organization of American States, and any other 
                appropriate regional organization, the Organization for 
                Security and Cooperation in Europe, the United Nations 
                and its relevant specialized agencies, and the North 
                Atlantic Treaty Organization.
                    (B) Regional public diplomacy centers of the 
                Department of State.
                    (C) United States combatant commands.
                    (D) Other posts as designated by the Secretary.
            (2) Responsibilities.--Each Democracy Liaison Officer 
        should--
                    (A) provide expertise on effective approaches to 
                promote and build democracy;
                    (B) assist in formulating and implementing 
                strategies for transitions to democracy; and
                    (C) carry out such other responsibilities as the 
                Secretary or the Assistant Secretary may assign.
            (3) New positions.--To the fullest extent practicable, 
        taking into consideration amounts appropriated to carry out this 
        subsection and personnel available for assignment to the 
        positions described in paragraph (1), the Democracy Liaison 
        Officer positions established under subsection (a) shall be new 
        positions that are in addition to existing positions with 
        responsibility for other human rights and democracy related 
        issues and programs, including positions with responsibility for 
        labor issues.
            (4) Relationship to other authorities.--Nothing in this 
        subsection may be construed as altering any authority or 
        responsibility of a chief of mission or other employee of a 
        diplomatic mission of the United States provided under any other 
        provision of law, including any authority or responsibility for 
        the development or implementation of strategies to promote 
        democracy.

    (b) Office Related to Democratic Movements and Transitions.--
            (1) Establishment.--There shall be identified within the 
        Bureau of Democracy, Human Rights, and Labor of the Department 
        at least one office that shall be responsible for working

[[Page 121 STAT. 530]]

        with democratic movements and facilitating the transition to 
        full democracy of nondemocratic countries and democratic 
        transition countries.
            (2) Responsibilities.--The Assistant Secretary shall, 
        including by acting through the office or offices identified 
        pursuant to paragraph (1)--
                    (A) provide support for Democratic Liaison Officers 
                established under subsection (a);
                    (B) develop relations with, consult with, and 
                provide assistance to nongovernmental organizations, 
                individuals, and movements that are committed to the 
                peaceful promotion of democracy and fundamental rights 
                and freedoms, including fostering relationships with the 
                United States Government and the governments of other 
                democratic countries; and
                    (C) assist officers and employees of regional 
                bureaus of the Department to develop strategies and 
                programs to promote peaceful change in nondemocratic 
                countries and democratic transition countries.
            (3) Liaison.--Within the Bureau of Democracy, Human Rights, 
        and Labor, the Assistant Secretary shall identify officers or 
        employees who have expertise in and shall be responsible for 
        working with nongovernmental organizations, individuals, and 
        movements that develop relations with, consult with, and provide 
        assistance to nongovernmental organizations, individuals, and 
        movements in foreign countries that are committed to the 
        peaceful promotion of democracy and fundamental rights and 
        freedoms.

    (c) Actions by Chiefs of Mission.--Each chief of mission in each 
nondemocratic country or democratic transition country should--
            (1) develop, as part of annual program planning, a strategy 
        to promote democratic principles, practices, and values in each 
        such foreign country and to provide support, as appropriate, to 
        nongovernmental organizations, individuals, and movements in 
        each such country that are committed to democratic principles, 
        practices, and values, such as by--
                    (A) consulting and coordinating with and providing 
                support to such nongovernmental organizations, 
                individuals, and movements regarding the promotion of 
                democracy;
                    (B) issuing public condemnations of violations of 
                internationally recognized human rights, including 
                violations of religious freedom, and visiting local 
                landmarks and other local sites associated with 
                nonviolent protest in support of democracy and freedom 
                from oppression; and
                    (C) holding periodic meetings with such 
                nongovernmental organizations, individuals, and 
                movements to discuss democracy and political, social, 
                and economic freedoms;
            (2) hold ongoing discussions with the leaders of each such 
        nondemocratic country or democratic transition country regarding 
        progress toward a democratic system of governance and the 
        development of political, social, and economic freedoms and 
        respect for human rights, including freedom of religion or 
        belief, in such country; and

[[Page 121 STAT. 531]]

            (3) conduct meetings with civil society, interviews with 
        media that can directly reach citizens of each such country, and 
        discussions with students and young people of each such country 
        regarding progress toward a democratic system of governance and 
        the development of political, social, and economic freedoms in 
        each such country.

    (d) Recruitment.--The Secretary should seek to increase the 
proportion of members of the Foreign Service who serve in the Bureau of 
Democracy, Human Rights, and Labor.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry out 
this section.
SEC. 2112. <<NOTE: 22 USC 8212.>> DEMOCRACY FELLOWSHIP PROGRAM.

    (a) Requirement for Program.--The Secretary shall establish a 
Democracy Fellowship Program to enable officers of the Department to 
gain an additional perspective on democracy promotion in foreign 
countries by working on democracy issues in appropriate congressional 
offices or congressional committees with oversight over the subject 
matter of this title, including the Committee on Foreign Affairs and the 
Committee on Appropriations of the House of Representatives and the 
Committee on Foreign Relations and the Committee on Appropriations of 
the Senate, and international or nongovernmental organizations involved 
in democracy promotion.
    (b) Selection and Placement.--The Assistant Secretary shall play a 
central role in the selection of Democracy Fellows and facilitate their 
placement in appropriate congressional offices, congressional 
committees, international organizations, and nongovernmental 
organizations.
SEC. 2113. <<NOTE: 22 USC 8213.>> INVESTIGATIONS OF VIOLATIONS OF 
                          INTERNATIONAL HUMANITARIAN LAW.

    (a) In General.--The President, with the assistance of the 
Secretary, the Under Secretary of State for Democracy and Global 
Affairs, and the Ambassador-at-Large for War Crimes Issues, shall 
collect information regarding incidents that may constitute crimes 
against humanity, genocide, slavery, or other violations of 
international humanitarian law.
    (b) Accountability.--The President shall consider what actions can 
be taken to ensure that any government of a country or the leaders or 
senior officials of such government who are responsible for crimes 
against humanity, genocide, slavery, or other violations of 
international humanitarian law identified under subsection (a) are 
brought to account for such crimes in an appropriately constituted 
tribunal.

Subtitle B--Strategies and Reports on Human Rights and the Promotion of 
                                Democracy

SEC. 2121. <<NOTE: 22 USC 8221.>> STRATEGIES, PRIORITIES, AND 
                          ANNUAL REPORT.

    (a) Expansion of Country-Specific Strategies to Promote Democracy.--

[[Page 121 STAT. 532]]

            (1) Commendation.--Congress commends the Secretary for the 
        ongoing work by the Department to develop country-specific 
        strategies for promoting democracy.
            (2) Expansion.--The Secretary shall expand the development 
        of such strategies to all nondemocratic countries and democratic 
        transition countries.
            (3) Briefings.--The Secretary shall keep the appropriate 
        congressional committees fully and currently informed as such 
        strategies are developed.

    (b) Report Title.--Section 665(c) of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 2151n 
note) is amended, in the first sentence, by inserting ``entitled the 
Annual Report on Advancing Freedom and Democracy'' before the period at 
the end.
    (c) Enhanced Report.--The Annual Report on Advancing Freedom and 
Democracy shall include, as appropriate--
            (1) United States priorities for the promotion of democracy 
        and the protection of human rights for each nondemocratic 
        country and democratic transition country, developed in 
        consultation with relevant parties in such countries; and
            (2) specific actions and activities of chiefs of missions 
        and other United States officials to promote democracy and 
        protect human rights in each such country.

    (d) Schedule of Submission.--Section 665(c) of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 2151n 
note) is amended, in the second sentence, by striking ``30 days'' and 
inserting ``90 days''.
SEC. 2122. <<NOTE: 22 USC 8222.>> TRANSLATION OF HUMAN RIGHTS 
                          REPORTS.

    (a) In General.--The Secretary shall continue to expand the timely 
translation of the applicable parts of the Country Reports on Human 
Rights Practices required under sections 116(d) and 502B(b) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), the 
Annual Report on International Religious Freedom required under section 
102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 
6412(b)), the Trafficking in Persons Report required under section 
110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7107(b)), and any separate report on democracy and human rights policy 
submitted in accordance with section 665(c) of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 2151n 
note) into the principal languages of as many countries as possible, 
with particular emphasis on nondemocratic countries, democratic 
transition countries, and countries in which extrajudicial killings, 
torture, or other serious violations of human rights have occurred.
    (b) Report.--
            (1) Requirement.--Not later than April 1, 2008, and annually 
        thereafter through 2010, the Secretary shall submit to the 
        appropriate congressional committees a report describing any 
        translations of the reports specified in subsection (a) for the 
        preceding year, including which of such reports have been 
        translated into which principal languages and the countries in 
        which such translations have been distributed by posting on a 
        relevant website or elsewhere.
            (2) Form.--The report required under paragraph (1) may be 
        included in any separate report on democracy and human

[[Page 121 STAT. 533]]

        rights policy submitted in accordance with section 665(c) of the 
        Foreign Relations Authorization Act, Fiscal Year 2003.

 Subtitle C--Advisory Committee on Democracy Promotion and the Internet 
                   Website of the Department of State

SEC. 2131. <<NOTE: 22 USC 8231.>> ADVISORY COMMITTEE ON DEMOCRACY 
                          PROMOTION.

    Congress commends the Secretary for creating an Advisory Committee 
on Democracy Promotion, and it is the sense of Congress that the 
Committee should play a significant role in the Department's 
transformational diplomacy by advising the Secretary regarding United 
States efforts to promote democracy and democratic transition in 
connection with the formulation and implementation of United States 
foreign policy and foreign assistance, including reviewing and making 
recommendations on--
            (1) how to improve the capacity of the Department to promote 
        democracy and human rights; and
            (2) how to improve foreign assistance programs related to 
        the promotion of democracy.
SEC. 2132. <<NOTE: 22 USC 8232.>> SENSE OF CONGRESS REGARDING THE 
                          INTERNET WEBSITE OF THE DEPARTMENT OF 
                          STATE.

    It is the sense of Congress that in order to facilitate access by 
individuals, nongovernmental organizations, and movements in foreign 
countries to documents, streaming video and audio, and other media 
regarding democratic principles, practices, and values, and the 
promotion and strengthening of democracy, the Secretary should take 
additional steps to enhance the Internet site for global democracy and 
human rights of the Department, which should include, where practicable, 
the following:
            (1) Narratives and histories, published by the United States 
        Government, of significant democratic movements in foreign 
        countries, particularly regarding successful nonviolent 
        campaigns to promote democracy in non-democratic countries and 
        democratic transition countries.
            (2) Narratives, published by the United States Government, 
        relating to the importance of the establishment of and respect 
        for internationally recognized human rights, democratic 
        principles, practices, and values, and other fundamental 
        freedoms.
            (3) Major human rights reports by the United States 
        Government, including translations of such materials, as 
        appropriate.
            (4) Any other documents, references, or links to appropriate 
        external Internet websites (such as websites of international or 
        nongovernmental organizations), including references or links to 
        training materials, narratives, and histories regarding 
        successful democratic movements.

[[Page 121 STAT. 534]]

     Subtitle D--Training in Democracy and Human Rights; Incentives

SEC. 2141. <<NOTE: 22 USC 8241.>> TRAINING IN DEMOCRACY PROMOTION 
                          AND THE PROTECTION OF HUMAN RIGHTS.

    (a) In General.--The Secretary shall continue to enhance training 
for members of the Foreign Service and civil service responsible for the 
promotion of democracy and the protection of human rights. Such training 
shall include appropriate instruction and training materials regarding:
            (1) International documents and United States policy 
        regarding the promotion of democracy and respect for human 
        rights.
            (2) United States policy regarding the promotion and 
        strengthening of democracy around the world, with particular 
        emphasis on the transition to democracy in nondemocratic 
        countries and democratic transition countries.
            (3) For any member, chief of mission, or deputy chief of 
        mission who is to be assigned to a nondemocratic country or 
        democratic transition country, ways to promote democracy in such 
        country and to assist individuals, nongovernmental 
        organizations, and movements in such country that support 
        democratic principles, practices, and values.
            (4) The protection of internationally recognized human 
        rights (including the protection of religious freedom) and 
        standards related to such rights, provisions of United States 
        law related to such rights, diplomatic tools to promote respect 
        for such rights, and the protection of individuals who have fled 
        their countries due to violations of such rights.

    (b) Consultation.--The Secretary, acting through the Director of the 
National Foreign Affairs Training Center of the Foreign Service 
Institute of the Department, shall consult, as appropriate, with 
nongovernmental organizations involved in the protection and promotion 
of such rights and the United States Commission on International 
Religious Freedom with respect to the training required by this 
subsection.
    (c) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate congressional 
committees a report containing a description of the current and planned 
training provided to Foreign Service officers in human rights and 
democracy promotion, including such training provided to chiefs of 
mission serving or preparing to serve in nondemocratic countries or 
democratic transition countries.
SEC. 2142. <<NOTE: 22 USC 8242.>> SENSE OF CONGRESS REGARDING 
                          ADVANCE DEMOCRACY AWARD.

    It is the sense of Congress that--
            (1) the Secretary should further strengthen the capacity of 
        the Department to carry out results-based democracy promotion 
        efforts through the establishment of an annual award to be known 
        as the ``Outstanding Achievements in Advancing Democracy 
        Award'', or the ``ADVANCE Democracy Award'', that would be 
        awarded to officers or employees of the Department; and

[[Page 121 STAT. 535]]

            (2) the Secretary should establish procedures for selecting 
        recipients of such award, including any financial terms 
        associated with such award.
SEC. 2143. <<NOTE: 22 USC 8243.>> PERSONNEL POLICIES AT THE 
                          DEPARTMENT OF STATE.

    In addition to the awards and other incentives already implemented, 
the Secretary should increase incentives for members of the Foreign 
Service and other employees of the Department who take assignments 
relating to the promotion of democracy and the protection of human 
rights, including the following:
            (1) Providing performance pay under section 405 of the 
        Foreign Service Act of 1980 (22 U.S.C. 3965) to such members and 
        employees who carry out their assignment in an outstanding 
        manner.
            (2) Considering such an assignment as a basis for promotion 
        into the Senior Foreign Service.
            (3) Providing Foreign Service Awards under section 614 of 
        the Foreign Service Act of 1980 (22 U.S.C. 4013) to such members 
        and employees who provide distinguished or meritorious service 
        in the promotion of democracy or the protection of human rights.

            Subtitle E--Cooperation With Democratic Countries

SEC. 2151. <<NOTE: 22 USC 8251.>> COOPERATION WITH DEMOCRATIC 
                          COUNTRIES.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States should cooperate with other democratic countries to--
            (1) promote and protect democratic principles, practices, 
        and values;
            (2) promote and protect shared political, social, and 
        economic freedoms, including the freedoms of association, of 
        expression, of the press, of religion, and to own private 
        property;
            (3) promote and protect respect for the rule of law;
            (4) develop, adopt, and pursue strategies to advance common 
        interests in international organizations and multilateral 
        institutions to which members of cooperating democratic 
        countries belong; and
            (5) provide political, economic, and other necessary support 
        to countries that are undergoing a transition to democracy.

    (b) Community of Democracies.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) the Community of Democracies should develop a 
                more formal mechanism for carrying out work between 
                ministerial meetings, such as through the creation of a 
                permanent secretariat with appropriate staff to carry 
                out such work, and should establish a headquarters; and
                    (B) nondemocratic countries should not participate 
                in any association or group of democratic countries 
                aimed at working together to promote democracy.
            (2) Detail of personnel.--The Secretary is authorized to 
        detail on a nonreimbursable basis any employee of the Department 
        to any permanent secretariat of the Community of Democracies or 
        to the government of any country that is

[[Page 121 STAT. 536]]

        a member of the Convening Group of the Community of Democracies.

    (c) Establishment of an Office for Multilateral Democracy 
Promotion.--The Secretary should establish an office of multilateral 
democracy promotion with the mission to further develop and strengthen 
the institutional structure of the Community of Democracies, develop 
interministerial projects, enhance the United Nations Democracy Caucus, 
manage policy development of the United Nations Democracy Fund, and 
enhance coordination with other regional and multilateral bodies with 
jurisdiction over democracy issues.
    (d) International Center for Democratic Transition.--
            (1) Sense of congress.--It is the sense of Congress that the 
        International Center for Democratic Transition, an initiative of 
        the Government of Hungary, serves to promote practical projects 
        and the sharing of best practices in the area of democracy 
        promotion and should be supported by, in particular, the United 
        States, other European countries with experiences in democratic 
        transitions, and private individuals.
            (2) Authorization of appropriations.--There is authorized to 
        be appropriated $1,000,000 for each of fiscal years 2008, 2009, 
        and 2010 to the Secretary for a grant to the International 
        Center for Democratic Transition. Amounts appropriated under 
        this paragraph are authorized to remain available until 
        expended.

             Subtitle F--Funding for Promotion of Democracy

SEC. 2161. <<NOTE: 22 USC 8261.>> THE UNITED NATIONS DEMOCRACY 
                          FUND.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States should work with other countries to enhance the goals and work of 
the United Nations Democracy Fund, an essential tool to promote 
democracy, and in particular support civil society in foreign countries 
in their efforts to help consolidate democracy and bring about 
transformational change.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $14,000,000 for each of fiscal years 2008 and 2009 to the 
Secretary for a United States contribution to the United Nations 
Democracy Fund.
SEC. 2162. <<NOTE: 22 USC 8262.>> UNITED STATES DEMOCRACY 
                          ASSISTANCE PROGRAMS.

    (a) Sense of Congress Regarding Use of Instruments of Democracy 
Promotion.--It is the sense of Congress that--
            (1) United States support for democracy is strengthened by 
        using a variety of different instrumentalities, such as the 
        National Endowment for Democracy, the United States Agency for 
        International Development, and the Department; and
            (2) the purpose of the Department's Human Rights and 
        Democracy Fund should be to support innovative programming, 
        media, and materials designed to uphold democratic principles, 
        practices, and values, support and strengthen democratic 
        institutions, promote human rights and the rule of law, and 
        build civil societies in countries around the world.

    (b) Sense of Congress Regarding Mechanisms for Delivering 
Assistance.--

[[Page 121 STAT. 537]]

            (1) Findings.--Congress finds the following:
                    (A) Democracy assistance has many different forms, 
                including assistance to promote the rule of law, build 
                the capacity of civil society, political parties, and 
                legislatures, improve the independence of the media and 
                the judiciary, enhance independent auditing functions, 
                and advance security sector reform.
                    (B) There is a need for greater clarity on the 
                coordination and delivery mechanisms for United States 
                democracy assistance.
            (2) Sense of congress.--It is the sense of Congress that the 
        Secretary and the Administrator of the United States Agency for 
        International Development should develop guidelines, in 
        consultation with the appropriate congressional committees, 
        building on the existing framework for grants, cooperative 
        agreements, contracts, and other acquisition mechanisms to guide 
        United States missions in foreign countries in coordinating 
        United States democracy assistance and selecting the appropriate 
        combination of such mechanisms for such assistance.

           TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

SEC. 2201. INTEROPERABLE EMERGENCY COMMUNICATIONS.

    (a) In General.--Section 3006 of Public Law 109-171 (47 U.S.C. 309 
note) is amended--
            (1) by striking paragraphs (1) and (2) of subsection (a) and 
        inserting the following:
            ``(1) may take such administrative action as is necessary to 
        establish and implement--
                    ``(A) a grant program to assist public safety 
                agencies in the planning and coordination associated 
                with, the acquisition of, deployment of, or training for 
                the use of interoperable communications equipment, 
                software and systems that--
                          ``(i) utilize reallocated public safety 
                      spectrum for radio communication;
                          ``(ii) enable interoperability with 
                      communications systems that can utilize 
                      reallocated public safety spectrum for radio 
                      communication; or
                          ``(iii) otherwise improve or advance the 
                      interoperability of public safety communications 
                      systems that utilize other public safety spectrum 
                      bands; and
                    ``(B) are used to establish and implement a 
                strategic technology reserve to pre-position or secure 
                interoperable communications in advance for immediate 
                deployment in an emergency or major disaster;
            ``(2) shall make payments of not to exceed $1,000,000,000, 
        in the aggregate, through fiscal year 2010 from the Digital 
        Television Transition and Public Safety Fund established under 
        section 309(j)(8)(E) of the Communications Act of 1934 (47 
        U.S.C. 309(j)(8)(E)) to carry out the grant program established 
        under paragraph (1), of which at least $75,000,000, in the 
        aggregate, shall be used for purposes described in paragraph 
        (1)(B); and

[[Page 121 STAT. 538]]

            ``(3) shall permit any funds allocated for use under 
        paragraph (1)(B) to be used for purposes identified under 
        paragraph (1)(A), if the public safety agency demonstrates that 
        it has already implemented such a strategic technology reserve 
        or demonstrates higher priority public safety communications 
        needs.'';
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (h), (i), and (j), respectively, and inserting after 
        subsection (a) the following:

    ``(b) Eligibility.--To be eligible for assistance under the grant 
program established under subparagraph (a)(1)(A), an applicant shall 
submit an application, at such time, in such form, and containing such 
information as the Assistant Secretary may require, including a detailed 
explanation of how assistance received under the program would be used 
to improve communications interoperability and ensure interoperability 
with other public safety agencies in an emergency or a major disaster.
    ``(c) Criteria for Strategic Technology Reserves.--
            ``(1) In general.--In evaluating permitted uses under 
        subparagraph (a)(1)(B), the Assistant Secretary shall consider 
        the continuing technological evolution of communications 
        technologies and devices, with its implicit risk of 
        obsolescence, and shall ensure, to the maximum extent feasible, 
        that a substantial part of the reserve involves prenegotiated 
        contracts and other arrangements for rapid deployment of 
        equipment, supplies, and systems (and communications service 
        related to such equipment, supplies, and systems), rather than 
        the warehousing or storage of equipment and supplies currently 
        available at the time the reserve is established.
            ``(2) Requirements and characteristics.--Funds provided to 
        meet uses described in paragraph (1) shall be used in support of 
        reserves that--
                    ``(A) are capable of re-establishing communications 
                when existing critical infrastructure is damaged or 
                destroyed in an emergency or a major disaster;
                    ``(B) include appropriate current, widely-used 
                equipment, such as Land Mobile Radio Systems, cellular 
                telephones and satellite-enabled equipment (and related 
                communications service), Cells-On-Wheels, Cells-On-
                Light-Trucks, or other self-contained mobile cell sites 
                that can be towed, backup batteries, generators, fuel, 
                and computers;
                    ``(C) include equipment on hand for the Governor of 
                each State, key emergency response officials, and 
                appropriate State or local personnel;
                    ``(D) include contracts (including prenegotiated 
                contracts) for rapid delivery of the most current 
                technology available from commercial sources; and
                    ``(E) include arrangements for training to ensure 
                that personnel are familiar with the operation of the 
                equipment and devices to be delivered pursuant to such 
                contracts.
            ``(3) Additional characteristics.--Portions of the reserve 
        may be virtual and may include items donated on an in-kind 
        contribution basis.
            ``(4) Allocation of funds.--In evaluating permitted uses 
        under subparagraph (a)(1)(B), the Assistant Secretary shall take 
        into account barriers to immediate deployment, including

[[Page 121 STAT. 539]]

        time and distance, that may slow the rapid deployment of 
        equipment, supplies, and systems (and communications service 
        related to such equipment, supplies, and systems) in the event 
        of an emergency in any State.

    ``(d) Voluntary Consensus Standards.--In carrying out this section, 
the Assistant Secretary, in cooperation with the Secretary of Homeland 
Security, shall identify and, if necessary, encourage the development 
and implementation of, voluntary consensus standards for interoperable 
communications systems to the greatest extent practicable, but shall not 
require any such standard.
    ``(e) Inspector General Report and Audits.--
            ``(1) Report.--Beginning with the first fiscal year 
        beginning after the date of enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, the 
        Inspector General of the Department of Commerce shall conduct an 
        annual assessment of the management of the grant program 
        implemented under subsection (a)(1) and transmit a report 
        containing the findings of that assessment and any 
        recommendations related thereto to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Energy and Commerce.
            ``(2) Audits.--Beginning with the first fiscal year 
        beginning after the date of enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, the 
        Inspector General of the Department of Commerce shall conduct 
        financial audits of entities receiving grants from the program 
        implemented under subsection (a)(1), and shall ensure that, over 
        the course of 4 years, such audits cover recipients in a 
        representative sample of not fewer than 25 States or 
        territories. <<NOTE: Public information. Website.>> The results 
        of any such audits shall be made publicly available via web 
        site, subject to redaction as the Inspector General determines 
        necessary to protect classified and other sensitive information.

    ``(f) Rule of Construction.--Nothing in this section shall be 
construed or interpreted to preclude the use of funds under this section 
by any public safety agency for interim- or long-term Internet Protocol-
based interoperable solutions.''; and
            (3) by striking paragraph (3) of subsection (j), as so 
        redesignated.

    (b) FCC Vulnerability Assessment and Report on Emergency 
Communications Back-up System.--
            (1) In general.--Not <<NOTE: Deadline.>> later than 180 days 
        after the date of enactment of this Act, the Federal 
        Communications Commission shall conduct a vulnerability 
        assessment of the Nation's critical communications and 
        information systems infrastructure and shall evaluate the 
        technical feasibility of creating a back-up emergency 
        communications system that complements existing communications 
        resources and takes into account next generation and advanced 
        communications technologies. The overriding objective for the 
        evaluation shall be providing a framework for the development of 
        a resilient interoperable communications system for emergency 
        responders in an emergency. The Commission shall consult with 
        the National Communications System and shall evaluate all 
        reasonable options, including satellites, wireless, and 
        terrestrial-based communications systems and other alternative 
        transport mechanisms that can be used in tandem with existing 
        technologies.

[[Page 121 STAT. 540]]

            (2) Factors to be evaluated.--The evaluation under paragraph 
        (1) shall include--
                    (A) a survey of all Federal agencies that use 
                terrestrial or satellite technology for communications 
                security and an evaluation of the feasibility of using 
                existing systems for the purpose of creating such an 
                emergency back-up public safety communications system;
                    (B) the feasibility of using private satellite, 
                wireless, or terrestrial networks for emergency 
                communications;
                    (C) the technical options, cost, and deployment 
                methods of software, equipment, handsets or desktop 
                communications devices for public safety entities in 
                major urban areas, and nationwide; and
                    (D) the feasibility and cost of necessary changes to 
                the network operations center of terrestrial-based or 
                satellite systems to enable the centers to serve as 
                emergency back-up communications systems.
            (3) Report.--
                    (A) In general.--Upon the completion of the 
                evaluation under subsection (a), the Commission shall 
                submit a report to Congress that details the findings of 
                the evaluation, including a full inventory of existing 
                public and private resources most efficiently capable of 
                providing emergency communications.
                    (B) Classified index.--The report on critical 
                infrastructure under this subsection may contain a 
                classified annex.
                    (C) Retention of classification.--The classification 
                of information required to be provided to Congress or 
                any other department or agency under this section by the 
                Federal Communications Commission, including the 
                assignment of a level of classification of such 
                information, shall be binding on Congress and any other 
                department or agency.

    (c) Joint Advisory Committee on Communications Capabilities of 
Emergency Medical and Public Health Care Facilities.--
            (1) Establishment.--The Assistant Secretary of Commerce for 
        Communications and Information and the Chairman of the Federal 
        Communications Commission, in consultation with the Secretary of 
        Homeland Security and the Secretary of Health and Human 
        Services, shall establish a joint advisory committee to examine 
        the communications capabilities and needs of emergency medical 
        and public health care facilities. The joint advisory committee 
        shall be composed of individuals with expertise in 
        communications technologies and emergency medical and public 
        health care, including representatives of Federal, State and 
        local governments, industry and non-profit health organizations, 
        and academia and educational institutions.
            (2) Duties.--The joint advisory committee shall--
                    (A) assess specific communications capabilities and 
                needs of emergency medical and public health care 
                facilities, including the improvement of basic voice, 
                data, and broadband capabilities;
                    (B) assess options to accommodate growth of basic 
                and emerging communications services used by emergency 
                medical and public health care facilities;

[[Page 121 STAT. 541]]

                    (C) assess options to improve integration of 
                communications systems used by emergency medical and 
                public health care facilities with existing or future 
                emergency communications networks; and
                    (D) <<NOTE: Reports. Deadline.>> report its findings 
                to the Senate Committee on Commerce, Science, and 
                Transportation and the House of Representatives 
                Committee on Energy and Commerce, within 6 months after 
                the date of enactment of this Act.

    (d) Authorization of <<NOTE: 42 USC 247d-3a note.>> Emergency 
Medical and Public Health Communications Pilot Projects.--
            (1) In general.--The Assistant Secretary of Commerce for 
        Communications and Information may establish not more than 10 
        geographically dispersed project grants to emergency medical and 
        public health care facilities to improve the capabilities of 
        emergency communications systems in emergency medical care 
        facilities.
            (2) Maximum amount.--The Assistant Secretary may not provide 
        more than $2,000,000 in Federal assistance under the pilot 
        program to any applicant.
            (3) Cost sharing.--The Assistant Secretary may not provide 
        more than 20 percent of the cost, incurred during the period of 
        the grant, of any project under the pilot program.
            (4) Maximum period of grants.--The Assistant Secretary may 
        not fund any applicant under the pilot program for more than 3 
        years.
            (5) Deployment and distribution.--The Assistant Secretary 
        shall seek to the maximum extent practicable to ensure a broad 
        geographic distribution of project sites.
            (6) Transfer of information and knowledge.--The Assistant 
        Secretary shall establish mechanisms to ensure that the 
        information and knowledge gained by participants in the pilot 
        program are transferred among the pilot program participants and 
        to other interested parties, including other applicants that 
        submitted applications.
SEC. 2202. <<NOTE: 6 USC 701 note.>> CLARIFICATION OF 
                          CONGRESSIONAL INTENT.

    The Federal departments and agencies (including independent 
agencies) identified under the provisions of this title and title III of 
this Act and title VI of Public Law 109-295 shall carry out their 
respective duties and responsibilities in a manner that does not impede 
the implementation of requirements specified under this title and title 
III of this Act and title VI of Public Law 109-295. Notwithstanding the 
obligations under section 1806 of Public Law 109-295, the provisions of 
this title and title III of this Act and title VI of Public Law 109-295 
shall not preclude or obstruct any such department or agency from 
exercising its other authorities related to emergency communications 
matters.
SEC. 2203. <<NOTE: Canada. Mexico. 6 USC 194 note.>> CROSS BORDER 
                          INTEROPERABILITY REPORTS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Federal Communications Commission, in consultation with 
the Department of Homeland Security's Office of Emergency 
Communications, the Office of Management of Budget, and the Department 
of State shall report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Energy and 
Commerce on--

[[Page 121 STAT. 542]]

            (1) the status of the mechanism established by the President 
        under section 7303(c) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(c)) for coordinating cross 
        border interoperability issues between--
                    (A) the United States and Canada; and
                    (B) the United States and Mexico;
            (2) the status of treaty negotiations with Canada and Mexico 
        regarding the coordination of the re-banding of 800 megahertz 
        radios, as required under the final rule of the Federal 
        Communication Commission in the ``Private Land Mobile Services; 
        800 MHz Public Safety Interface Proceeding'' (WT Docket No. 02-
        55; ET Docket No. 00-258; ET Docket No. 95-18, RM-9498; RM-
        10024; FCC 04-168) including the status of any outstanding 
        issues in the negotiations between--
                    (A) the United States and Canada; and
                    (B) the United States and Mexico;
            (3) communications between the Commission and the Department 
        of State over possible amendments to the bilateral legal 
        agreements and protocols that govern the coordination process 
        for license applications seeking to use channels and frequencies 
        above Line A;
            (4) the annual rejection rate for the last 5 years by the 
        United States of applications for new channels and frequencies 
        by Canadian private and public entities; and
            (5) any additional procedures and mechanisms that can be 
        taken by the Commission to decrease the rejection rate for 
        applications by United States private and public entities 
        seeking licenses to use channels and frequencies above Line A.

    (b) Updated Reports to Be Filed on the Status of Treaty of 
Negotiations.--The Federal Communications Commission, in conjunction 
with the Department of Homeland Security, the Office of Management of 
Budget, and the Department of State shall continually provide updated 
reports to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Energy and Commerce of the House of 
Representatives on the status of treaty negotiations under subsection 
(a)(2) until the appropriate United States treaty has been revised with 
each of--
            (1) Canada; and
            (2) Mexico.

    (c) International Negotiations To Remedy Situation.--Not later than 
90 days after the date of enactment of this Act, the Secretary of the 
Department of State shall report to Congress on--
            (1) the current process for considering applications by 
        Canada for frequencies and channels by United States communities 
        above Line A;
            (2) the status of current negotiations to reform and revise 
        such process;
            (3) the estimated date of conclusion for such negotiations;
            (4) whether the current process allows for automatic denials 
        or dismissals of initial applications by the Government of 
        Canada, and whether such denials or dismissals are currently 
        occurring; and
            (5) communications between the Department of State and the 
        Federal Communications Commission pursuant to subsection (a)(3).

[[Page 121 STAT. 543]]

SEC. 2204. EXTENSION OF SHORT QUORUM.

    Notwithstanding section 4(d) of the Consumer Product Safety Act (15 
U.S.C. 2053(d)), 2 members of the Consumer Product Safety Commission, if 
they are not affiliated with the same political party, shall constitute 
a quorum for the 6-month period beginning on the date of enactment of 
this Act.
SEC. 2205. <<NOTE: 6 USC 194 note.>> REQUIRING REPORTS TO BE 
                          SUBMITTED TO CERTAIN COMMITTEES.

    In addition to the committees specifically enumerated to receive 
reports under this title, any report transmitted under the provisions of 
this title shall also be transmitted to the appropriate congressional 
committees (as defined in section 2(2) of the Homeland Security Act of 
2002 (6 U.S.C. 101(2))).

 TITLE <<NOTE: Improving Emergency Communications Act of 2007.>> XXIII--
EMERGENCY COMMUNICATIONS MODERNIZATION
SEC. 2301. <<NOTE: 47 USC 901 note.>> SHORT TITLE.

    This title may be cited as the ``Improving Emergency Communications 
Act of 2007''.
SEC. 2302. FUNDING FOR PROGRAM.

    Section 3011 of the Digital Television Transition and Public Safety 
Act of 2005 (Public Law 109-171; 47 U.S.C. 309 note) is amended--
            (1) by striking ``The'' and inserting:

    ``(a) In General.--The''; and
            (2) by adding at the end the following:

    ``(b) Credit.--The Assistant Secretary may borrow from the Treasury, 
upon enactment of the 911 Modernization Act, such sums as necessary, but 
not to exceed $43,500,000, to implement this section. The Assistant 
Secretary shall reimburse the Treasury, without interest, as funds are 
deposited into the Digital Television Transition and Public Safety 
Fund.''.
SEC. 2303. <<NOTE: Regulations. Deadline. Grants. Public 
                          safety.>> NTIA COORDINATION OF E-911 
                          IMPLEMENTATION.

    Section 158(b)(4) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 942(b)(4)) is amended by 
adding at the end thereof the following: ``Within 180 days after the 
date of enactment of the 911 Modernization Act, the Assistant Secretary 
and the Administrator shall jointly issue regulations updating the 
criteria to allow a portion of the funds to be used to give priority to 
grants that are requested by public safety answering points that were 
not capable of receiving 911 calls as of the date of enactment of that 
Act, for the incremental cost of upgrading from Phase I to Phase II 
compliance. Such grants shall be subject to all other requirements of 
this section.''.

                  TITLE XXIV--MISCELLANEOUS PROVISIONS

SEC. 2401. QUADRENNIAL HOMELAND SECURITY REVIEW.

    (a) Review Required.--Title VII of the Homeland Security Act of 2002 
is amended by adding at the end the following:

[[Page 121 STAT. 544]]

``SEC. 707. <<NOTE: 6 USC 347.>> QUADRENNIAL HOMELAND SECURITY 
                        REVIEW.

    ``(a) Requirement.--
            ``(1) Quadrennial reviews required.--In fiscal year 2009, 
        and every 4 years thereafter, the Secretary shall conduct a 
        review of the homeland security of the Nation (in this section 
        referred to as a `quadrennial homeland security review').
            ``(2) Scope of reviews.--Each quadrennial homeland security 
        review shall be a comprehensive examination of the homeland 
        security strategy of the Nation, including recommendations 
        regarding the long-term strategy and priorities of the Nation 
        for homeland security and guidance on the programs, assets, 
        capabilities, budget, policies, and authorities of the 
        Department.
            ``(3) Consultation.--The Secretary shall conduct each 
        quadrennial homeland security review under this subsection in 
        consultation with--
                    ``(A) the heads of other Federal agencies, including 
                the Attorney General, the Secretary of State, the 
                Secretary of Defense, the Secretary of Health and Human 
                Services, the Secretary of the Treasury, the Secretary 
                of Agriculture, and the Director of National 
                Intelligence;
                    ``(B) key officials of the Department; and
                    ``(C) other relevant governmental and 
                nongovernmental entities, including State, local, and 
                tribal government officials, members of Congress, 
                private sector representatives, academics, and other 
                policy experts.
            ``(4) Relationship with future years homeland security 
        program.--The Secretary shall ensure that each review conducted 
        under this section is coordinated with the Future Years Homeland 
        Security Program required under section 874.

    ``(b) Contents of Review.--In each quadrennial homeland security 
review, the Secretary shall--
            ``(1) delineate and update, as appropriate, the national 
        homeland security strategy, consistent with appropriate national 
        and Department strategies, strategic plans, and Homeland 
        Security Presidential Directives, including the National 
        Strategy for Homeland Security, the National Response Plan, and 
        the Department Security Strategic Plan;
            ``(2) outline and prioritize the full range of the critical 
        homeland security mission areas of the Nation;
            ``(3) describe the interagency cooperation, preparedness of 
        Federal response assets, infrastructure, budget plan, and other 
        elements of the homeland security program and policies of the 
        Nation associated with the national homeland security strategy, 
        required to execute successfully the full range of missions 
        called for in the national homeland security strategy described 
        in paragraph (1) and the homeland security mission areas 
        outlined under paragraph (2);
            ``(4) identify the budget plan required to provide 
        sufficient resources to successfully execute the full range of 
        missions called for in the national homeland security strategy 
        described in paragraph (1) and the homeland security mission 
        areas outlined under paragraph (2);
            ``(5) include an assessment of the organizational alignment 
        of the Department with the national homeland security strategy 
        referred to in paragraph (1) and the homeland security mission 
        areas outlined under paragraph (2); and

[[Page 121 STAT. 545]]

            ``(6) review and assess the effectiveness of the mechanisms 
        of the Department for executing the process of turning the 
        requirements developed in the quadrennial homeland security 
        review into an acquisition strategy and expenditure plan within 
        the Department.

    ``(c) Reporting.--
            ``(1) In general.--Not later than December 31 of the year in 
        which a quadrennial homeland security review is conducted, the 
        Secretary shall submit to Congress a report regarding that 
        quadrennial homeland security review.
            ``(2) Contents of report.--Each report submitted under 
        paragraph (1) shall include--
                    ``(A) the results of the quadrennial homeland 
                security review;
                    ``(B) a description of the threats to the assumed or 
                defined national homeland security interests of the 
                Nation that were examined for the purposes of that 
                review;
                    ``(C) the national homeland security strategy, 
                including a prioritized list of the critical homeland 
                security missions of the Nation;
                    ``(D) a description of the interagency cooperation, 
                preparedness of Federal response assets, infrastructure, 
                budget plan, and other elements of the homeland security 
                program and policies of the Nation associated with the 
                national homeland security strategy, required to execute 
                successfully the full range of missions called for in 
                the applicable national homeland security strategy 
                referred to in subsection (b)(1) and the homeland 
                security mission areas outlined under subsection (b)(2);
                    ``(E) an assessment of the organizational alignment 
                of the Department with the applicable national homeland 
                security strategy referred to in subsection (b)(1) and 
                the homeland security mission areas outlined under 
                subsection (b)(2), including the Department's 
                organizational structure, management systems, budget and 
                accounting systems, human resources systems, procurement 
                systems, and physical and technical infrastructure;
                    ``(F) a discussion of the status of cooperation 
                among Federal agencies in the effort to promote national 
                homeland security;
                    ``(G) a discussion of the status of cooperation 
                between the Federal Government and State, local, and 
                tribal governments in preventing terrorist attacks and 
                preparing for emergency response to threats to national 
                homeland security;
                    ``(H) an explanation of any underlying assumptions 
                used in conducting the review; and
                    ``(I) any other matter the Secretary considers 
                appropriate.
            ``(3) Public availability.--The Secretary shall, consistent 
        with the protection of national security and other sensitive 
        matters, make each report submitted under paragraph (1) publicly 
        available on the Internet website of the Department.

    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.''.

[[Page 121 STAT. 546]]

    (b) Preparation for Quadrennial Homeland Security Review.--
            (1) In general.--During fiscal years 2007 and 2008, the 
        Secretary of Homeland Security shall make preparations to 
        conduct the first quadrennial homeland security review under 
        section 707 of the Homeland Security Act of 2002, as added by 
        subsection (a), in fiscal year 2009, including--
                    (A) determining the tasks to be performed;
                    (B) estimating the human, financial, and other 
                resources required to perform each task;
                    (C) establishing the schedule for the execution of 
                all project tasks;
                    (D) ensuring that these resources will be available 
                as needed; and
                    (E) all other preparations considered necessary by 
                the Secretary.
            (2) Report.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall submit to Congress 
        and make publicly available on the Internet website of the 
        Department of Homeland Security a detailed resource plan 
        specifying the estimated budget and number of staff members that 
        will be required for preparation of the first quadrennial 
        homeland security review.

    (c) Clerical Amendment.--The table of sections in section 1(b) of 
such Act is amended by inserting after the item relating to section 706 
the following new item:

``Sec. 707. Quadrennial Homeland Security Review.''.

SEC. 2402. SENSE OF THE CONGRESS REGARDING THE PREVENTION OF 
                          RADICALIZATION LEADING TO IDEOLOGICALLY-
                          BASED VIOLENCE.

    (a) Findings.--Congress finds the following:
            (1) The United States is engaged in a struggle against a 
        transnational terrorist movement of radical extremists that 
        plans, prepares for, and engages in acts of ideologically-based 
        violence worldwide.
            (2) The threat of radicalization that leads to 
        ideologically-based violence transcends borders and has been 
        identified as a potential threat within the United States.
            (3) Radicalization has been identified as a precursor to 
        terrorism caused by ideologically-based groups.
            (4) Countering the threat of violent extremists 
        domestically, as well as internationally, is a critical element 
        of the plan of the United States for success in the fight 
        against terrorism.
            (5) United States law enforcement agencies have identified 
        radicalization that leads to ideologically-based violence as an 
        emerging threat and have in recent years identified cases of 
        extremists operating inside the United States, known as 
        ``homegrown'' extremists, with the intent to provide support 
        for, or directly commit, terrorist attacks.
            (6) Alienation of Muslim populations in the Western world 
        has been identified as a factor in the spread of radicalization 
        that could lead to ideologically-based violence.
            (7) Many other factors have been identified as contributing 
        to the spread of radicalization and resulting acts of 
        ideologically-based violence. Among these is the appeal of left-
        wing and right-wing hate groups, and other hate groups, 
        including

[[Page 121 STAT. 547]]

        groups operating in prisons. Other such factors must be examined 
        and countered as well in order to protect the homeland from 
        violent extremists of every kind.
            (8) Radicalization leading to ideologically-based violence 
        cannot be prevented solely through law enforcement and 
        intelligence measures.

    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security, in consultation with other relevant 
Federal agencies, should make a priority of countering domestic 
radicalization that leads to ideologically-based violence by--
            (1) using intelligence analysts and other experts to better 
        understand the process of radicalization from sympathizer to 
        activist to terrorist;
            (2) recruiting employees with diverse worldviews, skills, 
        languages, and cultural backgrounds, and expertise;
            (3) consulting with experts to ensure that the lexicon used 
        within public statements is precise and appropriate and does not 
        aid extremists by offending religious, ethnic, and minority 
        communities;
            (4) addressing prisoner radicalization and post-sentence 
        reintegration, in concert with the Attorney General and State 
        and local corrections officials;
            (5) pursuing broader avenues of dialogue with minority 
        communities, including the American Muslim community, to foster 
        mutual respect, understanding, and trust; and
            (6) working directly with State, local, and community 
        leaders to--
                    (A) educate such leaders about the threat of 
                radicalization that leads to ideologically-based 
                violence and the necessity of taking preventative action 
                at the local level; and
                    (B) facilitate the sharing of best practices from 
                other countries and communities to encourage outreach to 
                minority communities, including the American Muslim 
                community, and develop partnerships among and between 
                all religious faiths and ethnic groups.
SEC. 2403. <<NOTE: 6 USC 121 note.>> REQUIRING REPORTS TO BE 
                          SUBMITTED TO CERTAIN COMMITTEES.

    The Committee on Commerce, Science, and Transportation of the Senate 
shall receive the reports required by the following provisions of law in 
the same manner and to the same extent that the reports are to be 
received by the Committee on Homeland Security and Governmental Affairs 
of the Senate:
            (1) Section 1016(j)(1) of the Intelligence Reform and 
        Terrorist Prevention Act of 2004 (6 U.S.C. 485(j)(1)).
            (2) Section 511(d) of this Act.
            (3) Subsection (a)(3)(D) of section 2022 of the Homeland 
        Security Act of 2002, as added by section 101 of this Act.
            (4) Section 7215(d) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 123(d)).
            (5) Section 7209(b)(1)(C) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note).
            (6) Section 804(c) of this Act.
            (7) Section 901(b) of this Act.
            (8) Section 1002(a) of this Act.

[[Page 121 STAT. 548]]

            (9) Title III of this Act.
SEC. 2404. <<NOTE: 6 USC 121 note.>> DEMONSTRATION PROJECT.

    (a) Demonstration Project Required.--Not <<NOTE: Deadline.>> later 
than 120 days after the date of enactment of this Act, the Secretary of 
Homeland Security shall--
            (1) establish a demonstration project to conduct 
        demonstrations of security management systems that--
                    (A) shall use a management system standards 
                approach; and
                    (B) may be integrated into quality, safety, 
                environmental and other internationally adopted 
                management systems; and
            (2) <<NOTE: Contracts.>> enter into one or more agreements 
        with a private sector entity to conduct such demonstrations of 
        security management systems.

    (b) Security Management System Defined.--In this section, the term 
`security management system' means a set of guidelines that address the 
security assessment needs of critical infrastructure and key resources 
that are consistent with a set of generally accepted management 
standards ratified and adopted by a standards making body.
SEC. 2405. UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT OF 
                          HOMELAND SECURITY.

    (a) Responsibilities.--Section 701(a) of the Homeland Security Act 
of 2002 (6 U.S.C. 341) is amended--
            (1) by inserting ``The Under Secretary for Management shall 
        serve as the Chief Management Officer and principal advisor to 
        the Secretary on matters related to the management of the 
        Department, including management integration and transformation 
        in support of homeland security operations and programs.'' 
        before ``The Secretary'';
            (2) by striking paragraph (7) and inserting the following:
            ``(7) Strategic management planning and annual performance 
        planning and identification and tracking of performance measures 
        relating to the responsibilities of the Department.''; and
            (3) by striking paragraph (9), and inserting the following:
            ``(9) The management integration and transformation process, 
        as well as the transition process, to ensure an efficient and 
        orderly consolidation of functions and personnel in the 
        Department and transition, including--
                    ``(A) the development of a management integration 
                strategy for the Department, and
                    ``(B) <<NOTE: Deadline.>> before December 1 of any 
                year in which a Presidential election is held, the 
                development of a transition and succession plan, to be 
                made available to the incoming Secretary and Under 
                Secretary for Management, to guide the transition of 
                management functions to a new Administration.''.

    (b) Appointment and Evaluation.--Section 701 of the Homeland 
Security Act of 2002 (6 U.S.C. 341), as amended by subsection (a), is 
further amended by adding at the end the following:
    ``(c) Appointment and Evaluation.--The Under Secretary for 
Management shall--
            ``(1) be appointed by the President, by and with the advice 
        and consent of the Senate, from among persons who have--

[[Page 121 STAT. 549]]

                    ``(A) extensive executive level leadership and 
                management experience in the public or private sector;
                    ``(B) strong leadership skills;
                    ``(C) a demonstrated ability to manage large and 
                complex organizations; and
                    ``(D) a proven record in achieving positive 
                operational results;
            ``(2) <<NOTE: Contracts.>> enter into an annual performance 
        agreement with the Secretary that sha